Zeitschriftenartikel: „New Zealand Walkway Commission“

1

Lakeman, Enid. „New Zealand royal commission“. Representation 26, Nr. 101 (Dezember 1986): 9–10. http://dx.doi.org/10.1080/03115518608619436.

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2

November, Janet. „New Zealand: The New Zealand Law Commission – A New Direction“. Commonwealth Law Bulletin 34, Nr. 3 (September 2008): 693–95. http://dx.doi.org/10.1080/03050710802268984.

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3

Wallace, Justice. „The New Zealand Human Rights Commission“. Nordic Journal of International Law 58, Nr. 2 (1989): 155–61. http://dx.doi.org/10.1163/157181089x00028.

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4

McGeorge, A. P. „Mental health in New Zealand“. International Psychiatry 5, Nr. 1 (Januar 2008): 12–14. http://dx.doi.org/10.1192/s1749367600005415.

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New Zealand's healthcare system has undergone significant changes in recent times, among them being the establishment in 1993 of a purchaser/provider split and the specific attention given to the development of mental health services. Funding for mental health services (Fig. 1) increased from NZ$270 million in 1993/94 to NZ$866.6 million per annum in 2004/05, a real increase (adjusted for inflation) of 154% (Mental Health Commission, 2006). The bi-partisan political commitment sustaining this funding has had a major impact on the development of recovery-based and culturally specific models of care unrivalled by few countries in the world. However, recent reports (Mental Health Commission, 2006) indicate that, particularly with regard to access, much still remains to be done to address the mental health needs of New Zealanders.

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5

Stewart, D. P. C., und K. C. Cameron. „Effect of trampling on the soils of the St James Walkway, New Zealand“. Soil Use and Management 8, Nr. 1 (März 1992): 30–35. http://dx.doi.org/10.1111/j.1475-2743.1992.tb00889.x.

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6

Editor. „Notes on earthquake insurance in California and New Zealand“. Bulletin of the New Zealand Society for Earthquake Engineering 19, Nr. 4 (31.12.1986): 251–54. http://dx.doi.org/10.5459/bnzsee.19.4.251-254.

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On the initiative of the Earthquake and War Damage Commission a team was organised to study the recovery from the earthquake which devastated Mexico City on 19 September 1985. Earthquake preparedness and underwriting in California was also researched. There were five members in the team and they were – Mr. Milton Allwood, Secretary of the Earthquake and War Damage Commission; Mr. Derek Scott, representing the Insurance Council of New Zealand; Mr. Ken Grieve, representing the Institute of Loss Adjusters of New Zealand (Inc); Mr. Edward Latter, National Director of Civil Defence; Mr. Don Currie, representing the Accident Compensation Corporation. The following extract on earthquake insurance is taken from one of the reports by the team.

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7

Editor. „Changes to disaster insurance in New Zealand“. Bulletin of the New Zealand Society for Earthquake Engineering 26, Nr. 4 (31.12.1993): 437–44. http://dx.doi.org/10.5459/bnzsee.26.4.437-444.

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This article is based on material supplied by EQC in its information kit detailing the background to and consequences of the Earthquake Act 1993. After discussing the need for a change in insuring for disasters, the new natural disaster insurance for residential properties - EQCover - is outlined. This is followed by an outline of the phase-out of EQC cover for disaster insurance for commercial and "Special Purpose" properties. The new structure for and role of the Earthquake Commission is also outlined.

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8

Dong Suk Oh. „The Role of the Human Rights Commission in New Zealand“. Journal of hongik law review 10, Nr. 3 (Oktober 2009): 99–118. http://dx.doi.org/10.16960/jhlr.10.3.200910.99.

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9

McKenzie, Peter. „The Compensation Scheme No One Asked For: The Origins of ACC in New Zealand“. Victoria University of Wellington Law Review 34, Nr. 2 (02.06.2003): 193. http://dx.doi.org/10.26686/vuwlr.v34i2.5783.

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The vision laid down in the 1967 Royal Commission Report was radical in scope and quickly became controversial. Led by its Chairman, Sir Owen Woodhouse, the Commission presented a series of connected principles to support that vision, drawing from earlier critiques of the common law system in New Zealand and abroad. This paper explores the legal background in New Zealand prior to the Woodhouse Report and reviews prior movement toward reform, including submissions made by members of the Victoria University Law Faculty. It also describes opposition to the Report from members of the bar and other interest groups, but suggests reasons why the Woodhouse framework was nonetheless able to prevail.

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10

English, Bill. „The Tertiary Education Advisory Commission (TEAC) reforms“. Journal of Management & Organization 12, Nr. 1 (Juni 2006): 68–77. http://dx.doi.org/10.1017/s1833367200004168.

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In this article Bill English, New Zealand's Shadow Minister for Education, tells the story of New Zealand's tertiary education policy development over the past several years. His perspective comes from time in government and from time in opposition. He concludes with the lessons to be learnt, and his prognosis of the main issues to be confronted by that tertiary sector, in the years to come. The lessons to be learnt are just as valuable for the Australian sector as they are for New Zealand academicians.In this article, Polytechnics are the equivalent of the old Colleges of Advanced Education in Australia, or roughly between the TAFE and university sectors. MMP (mixed member proportional) is the proportional system of electing the New Zealand Parliament. This system is similar to the method by which Australians elect their federal Senate. A Wananga is a tertiary institution set up by statute to focus on the educational needs of Maori.

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English, Bill. „The Tertiary Education Advisory Commission (TEAC) reforms“. Journal of Management & Organization 12, Nr. 1 (Juni 2006): 68–77. http://dx.doi.org/10.5172/jmo.2006.12.1.68.

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In this article Bill English, New Zealand's Shadow Minister for Education, tells the story of New Zealand's tertiary education policy development over the past several years. His perspective comes from time in government and from time in opposition. He concludes with the lessons to be learnt, and his prognosis of the main issues to be confronted by that tertiary sector, in the years to come. The lessons to be learnt are just as valuable for the Australian sector as they are for New Zealand academicians.In this article, Polytechnics are the equivalent of the old Colleges of Advanced Education in Australia, or roughly between the TAFE and university sectors. MMP (mixed member proportional) is the proportional system of electing the New Zealand Parliament. This system is similar to the method by which Australians elect their federal Senate. A Wananga is a tertiary institution set up by statute to focus on the educational needs of Maori.

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12

King, Barry. „The New Zealand Film Commission as a Government-Sponsored Film Producer“. Journal of Arts Management, Law, and Society 40, Nr. 2 (10.06.2010): 157–63. http://dx.doi.org/10.1080/10632921.2010.484626.

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13

Boston, Jonathan. „Electoral reform in New Zealand: The report of the Royal Commission“. Electoral Studies 6, Nr. 2 (August 1987): 105–14. http://dx.doi.org/10.1016/0261-3794(87)90017-5.

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14

Levine, Stephen. „Book Review: Electoral Commission, The New Zealand Electoral Compendium (Wellington: Electoral Commission, 1997), pp. 174, $9.95.“ Political Science 50, Nr. 1 (Juli 1998): 132–34. http://dx.doi.org/10.1177/003231879805000108.

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15

Niels, Gunnar. „Back to First Principles of Market Definition: The New Zealand High Court Air Cargo Cartel Case“. World Competition 36, Issue 3 (01.09.2013): 373–86. http://dx.doi.org/10.54648/woco2013030.

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In prosecuting a price-fixing agreement among airlines - one of several such cases around the world - the New Zealand Commerce Commission faced a jurisdictional challenge as to whether there is a market for inbound air cargo services 'in New Zealand'. At a time when competition authorities increasingly skip market definition and assess competitive effects directly (especially in merger inquiries), this case turned almost entirely on the delineation of the relevant market. It revisited some of the first principles of market definition - including the product and geographic dimensions of the market where transport services are concerned, supply-side substitution, and the role of derived demand - and highlighted shortcomings in existing guidelines in the USA and elsewhere. Five economic experts took part in a 'hot tub' process in the High Court of New Zealand. Setting some useful criteria for defining markets in the context of derived demand from downstream customers, the court ruled in favour of the Commission.

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16

Everth, Thomas, Ria Bright, Chris Morey, Thea dePetris, Sarah Gaze, Anne Barker, Andrea Soanes, Laura Gurney und Chris Eames. „Building capacity for climate-change education in Aotearoa New Zealand schools“. Set: Research Information for Teachers, Nr. 2 (02.11.2021): 34–39. http://dx.doi.org/10.18296/set.0202.

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The government of Aotearoa New Zealand has recognised the gravity of climate change by adopting a Climate Emergency declaration, passing the Zero Carbon Act (2019), and asking the Climate Change Commission to chart a pathway towards a carbon-zero future. The climate emergency necessitates transformation of the practices and visions of individuals and society towards a sustainable future. We argue that education must be recognised as a key enabler for this transformational process. In this article, we draw on our recommendations to the Climate Change Commission (2021a) for structural changes in our education system to build capacity for the implementation of climate-change education for a sustainable future. Our focus is on building capacity in school leaders and teachers through development of knowledge and skills, provision of time and space, and cultural embedding of education on sustainable living and climate change into the ways we all teach and learn. Our intention is to provide a “think piece” to be considered and discussed by school educators and leaders across Aotearoa New Zealand.

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Fox, Acting Chief Judge Caren. „Tikanga as the First Law of New Zealand“. Amicus Curiae 4, Nr. 3 (24.06.2023): 635–48. http://dx.doi.org/10.14296/ac.v4i3.5623.

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This article provides an overview of the history of the Māori Land Court, as well as present day developments of the Court. It considers the role that tikanga (Māori customary values and practices) plays in the Māori Land Court, and how the Court has applied tikanga in a number of contemporary judgments. It then considers the Waitangi Tribunal (a Commission of Inquiry which examines Crown breaches of its obligations to Māori), and how tikanga can be demonstrated in the process and the findings of the Tribunal. It discusses how both judicial bodies have approached the challenge of competing tikanga claims. Finally, the article poses ideas of how tikanga can be applied going forward. Keywords: tikanga; Māori Land Court; Native Land Court; Waitangi Tribunal; indigenous law; cultural considerations.

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18

Newman, David. „Regions and Runaways: Film Assistance in New Zealand and British Columbia, 1999–2005“. Media International Australia 117, Nr. 1 (November 2005): 11–30. http://dx.doi.org/10.1177/1329878x0511700104.

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The film and television production industry is significant in both New Zealand and British Columbia. Governments in both localities provide substantial support for the industry through government agencies and tax incentives. This study reviews the effectiveness and success of the New Zealand Film Commission and BC Film in meeting their respective mandates and strategic goals over the last five years. The scope and success of government tax incentives in attracting and encouraging production in both localities are reviewed, with an analysis undertaken of the results. The paper concludes that the greater cultural focus by the New Zealand government compared with that of British Columbia has resulted in a stronger track record of critically acclaimed and commercially successful films from New Zealand, with a more mixed record from the service-oriented film economy of British Columbia.

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19

Waller, Gregory A. „The New Zealand film commission: promoting an industry, forging a national identity“. Historical Journal of Film, Radio and Television 16, Nr. 2 (Juni 1996): 243–62. http://dx.doi.org/10.1080/01439689600260251.

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20

Bull, Juliet. „The Implications of a Supreme Law Bill Of Rights for New Zealand Judicial Appointments“. Victoria University of Wellington Law Review 46, Nr. 2 (01.08.2015): 495. http://dx.doi.org/10.26686/vuwlr.v46i2.4918.

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The enactment of a supreme law Bill of Rights in New Zealand would have significant implications for the process of appointing judges. This article considers whether the present judicial appointments system should be retained were New Zealand to amend the New Zealand Bill of Rights Act 1990 to have supreme law status. It contends that the present appointments process is insufficiently transparent and offers too few checks and balances to safeguard the apolitical nature of appointments. Canada's experience after enacting the Canadian Charter of Rights and Freedoms is drawn upon to demonstrate the need for reform. After various options are considered, it is ultimately contended that the adoption of a supreme law Bill of Rights in New Zealand should be accompanied by the creation of a judicial appointments commission.

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21

Birss, G. R. „Methodology for the assessment of the damage cost resulting from a large earthquake in the vicinity of Wellington“. Bulletin of the New Zealand Society for Earthquake Engineering 18, Nr. 3 (30.09.1985): 215–23. http://dx.doi.org/10.5459/bnzsee.18.3.215-223.

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At the request of the Earthquake and War Damage Commission, the New Zealand National Society for Earthquake Engineering set up a study group to determine the maximum probable loss the Commission may suffer by way of claims resulting from a large earthquake with its epicentre near Wellington. The study group's task was to determine the order of cost of physical damage to buildings and their contents which could credibly be expected to result from large earthquake attack. Seismic loss information for New Zealand conditions is minimal and it was therefore necessary to critically review published overseas data. Where appropriate, adjustments were made to accommodate New Zealand conditions. Loss information was compiled as the ratio of damage cost to building value and varied with felt earthquake intensity as well as with type of building construction. The total value and structural classification of the building stock in the affected area was compiled and entered on a computer. A program was set up to enable loss calculations to be carried out for the appropriate building classification and for the relevant earthquake intensities. From this the total loss was calculated. The results of the study expressed as monetary loss are confidential to the Earthquake and War Damage Commission. In this paper, therefore, results are not presented in absolute dollar terms, but are given as relative values.

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22

Barratt, B. I. P. „A review of access and benefitsharing for biological control what does it mean for New Zealand“. New Zealand Plant Protection 62 (01.08.2009): 152–55. http://dx.doi.org/10.30843/nzpp.2009.62.4770.

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The Convention on Biological Diversity promotes equitable and respectful sharing of access to and benefits from genetic resources Parties to the convention have agreed to negotiate and develop an Access and BenefitSharing (ABS) regime to take effect in 2010 Currently some countries have restricted access to their biological resources To consider issues pertaining to biological control the Global IOBC (International Organisation for Biological Control of Noxious Animals and Plants) has established a Commission on Biological Control and Access and Benefit Sharing The FAO (Food and Agriculture Organisation) Commission on Genetic Resources for Food and Agriculture (GRFA) has invited the IOBC Commission to prepare a report on the case for biological control agents The global exchange of biological control agents is considered critical to food security and sustainable agriculture and reaching a consensus on this issue is a high priority The process for this and the importance of protecting New Zealands interests in biological control is discussed in this paper

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23

Keith, Sir Kenneth J. „The Law Commission's 1988 Report on Accident Compensation“. Victoria University of Wellington Law Review 34, Nr. 2 (02.06.2003): 293. http://dx.doi.org/10.26686/vuwlr.v34i2.5788.

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As economic restructuring was changing many state functions, the New Zealand Law Commission under the Presidency of Sir Owen Woodhouse undertook its own review of ACC, vigorously reaffirming the Woodhouse principles in its 1988 Report, while proposing further extensions of the scheme. This paper, written by a member of the Commission, summarises the Report’s major recommendations, including a new strategy for accident prevention, extension of the scheme to include illness, and a generally sceptical approach to incentive-based premiums for employers.

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Roberts, Evan. „“Don't Sell Things, Sell Effects”: Overseas Influences in New Zealand Department Stores, 1909–1956“. Business History Review 77, Nr. 2 (2003): 265–89. http://dx.doi.org/10.2307/30041146.

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In the years before World War II, New Zealand department stores became increasingly influenced by American ideas about salesmanship. This involved a shift away from British precepts about retailing, which discouraged initiative by sales-people and emphasized service. Stores that adopted American ideas were trying to become more competitive and began to appeal to working- and middle-class consumers. They imported the concept of “suggestion selling” and the idea of pushing complementary goods. New Zealand merchants modified American methods by relying on the use of manuals and bulletins to train salespeople and, unlike American stores, did not introduce commission payment schemes.

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Joyce, Hester. „Cargo cults: Key moments in establishing screenwriting in the New Zealand Film Commission“. Journal of Screenwriting 6, Nr. 1 (01.03.2015): 71–87. http://dx.doi.org/10.1386/josc.6.1.71_1.

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26

Stewart, Andrew. „At War with Bill Jordan: The New Zealand High Commission in Wartime London“. Journal of Imperial and Commonwealth History 40, Nr. 1 (März 2012): 67–86. http://dx.doi.org/10.1080/03086534.2012.656491.

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27

Turner, Richard, Xiaogu Zheng, Neil Gordon, Michael Uddstrom, Greg Pearson, Rilke de Vos und Stuart Moore. „Creating Synthetic Wind Speed Time Series for 15 New Zealand Wind Farms“. Journal of Applied Meteorology and Climatology 50, Nr. 12 (Dezember 2011): 2394–409. http://dx.doi.org/10.1175/2011jamc2668.1.

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AbstractWind data at time scales from 10 min to 1 h are an important input for modeling the performance of wind farms and their impact on many countries’ national electricity systems. Planners need long-term realistic (i.e., meteorologically spatially and temporally consistent) wind-farm data for projects studying how best to integrate wind power into the national electricity grid. In New Zealand, wind data recorded at wind farms are confidential for commercial reasons, however, and publicly available wind data records are for sites that are often not representative of or are distant from wind farms. In general, too, the public sites are at much lower terrain elevations than hilltop wind farms and have anemometers located at 10 m above the ground, which is much lower than turbine hub height. In addition, when available, the mast records from wind-farm sites are only for a short period. In this paper, the authors describe a novel and practical method to create a multiyear 10-min synthetic wind speed time series for 15 wind-farm sites throughout the country for the New Zealand Electricity Commission. The Electricity Commission (known as the Electricity Authority since 1 October 2010) is the agency that has regulatory oversight of the electricity industry and that provides advice to central government. The dataset was constructed in such a way as to preserve meteorological realism both spatially and temporally and also to respect the commercial secrecy of the wind data provided by power-generation companies.

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Wilson, Ross. „Prevention Strategies: New Departures A Union Perspective“. Victoria University of Wellington Law Review 35, Nr. 4 (01.12.2004): 937. http://dx.doi.org/10.26686/vuwlr.v35i4.5729.

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This paper provides a trade union perspective on the changes to the New Zealand statutory framework for injury prevention during the 1990s, in the context of the political, social and economic environment of the time, and the measures taken since the election of the Labour led government in 1999 to legislate employee rights, foster applied injury programmes on an industry basis, and to acknowledge injury prevention as a community responsibility. It concludes that these "new departures" are essentially those identified by the Woodhouse Royal Commission in 1967.

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Smith, Melanie. „Burgeoning Baigent?: A Critique of the Law commission's Analysis of Baigent's Case“. Victoria University of Wellington Law Review 28, Nr. 2 (01.05.1998): 283. http://dx.doi.org/10.26686/vuwlr.v28i2.6073.

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Who is responsible when a Crown entity or State enterprise breaches an individual's rights under the New Zealand Bill of Rights Act 1990? Is the Crown or the breaching entity primarily liable, or both? The Law Commission investigated this question in relation to liability arising out of Baigent's case. In its report the Law Commission recommended significantly narrowing the Crown's liability to exclude State enterprises and Crown entities. This article investigates the Law Commission's reasoning and recommendations.

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Beever, Graham. „The New Game with the Old Rules: Boundary Determination Under MMP“. Victoria University of Wellington Law Review 34, Nr. 1 (01.04.2003): 135. http://dx.doi.org/10.26686/vuwlr.v34i1.5803.

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In 1996, New Zealand experienced its first election under MMP, a system of proportional representation. MMP had been recommended ten years earlier by the Royal Commission on the Electoral System. However, some of the details surrounding the operation of the new system differ significantly from the original recommendations of the Royal Commission.In relation to the determination of electoral boundaries, an issue of considerable importance under the previous First Past the Post system but of diminished significance under MMP, there are two particularly important differences. One of these is the retention of two political representatives on the Representation Commission, the body responsible for determining electoral boundaries. The other is the retention of the electoral tolerance at the relatively low level of five percent. The electoral tolerance is the quantity that determines the acceptable variation in population between electorates.The paper concludes that the political representatives should be removed from the Representation Commission, and that the tolerance should be raised to ten percent, as originally envisaged by the Royal Commission. The entrenched status of these provisions makes reform especially challenging. However, there is evidence to suggest, at least in relation to the tolerance level, that cross-party consensus may be able to be achieved.

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Scott, Paul G. „Unilateral Refusals to Supply and the Essential Facilities Doctrine under New Zealand's Competition Law“. Victoria University of Wellington Law Review 49, Nr. 3 (01.11.2018): 371. http://dx.doi.org/10.26686/vuwlr.v49i3.5329.

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Refusals to supply are one of the types of behaviour that may constitute an illegal act of monopolisation under competition law. As part of United States refusal to supply law the courts developed the essential facilities doctrine. This requires the owner of a facility which is essential to rivals to provide access to that facility. Courts, in particular the United States Supreme Court, have cast doubt on the doctrine and cut back on liability for unilateral refusals to supply. Conversely New Zealand (and Australian) courts have increased liability for refusals to supply. One case, Commerce Commission v Bay of Plenty Electricity Ltd suggested New Zealand has its own essential facilities doctrine. This article discusses and analyses refusals to supply both legally and economically. It compares United States and Australasian law and shows how New Zealand law is tougher on refusals to supply. It argues that New Zealand has its own version of the essential facilities doctrine – albeit for different reasons than the Bay of Plenty Electricity Court suggested. It shows that sound reasons justify this stance.

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Rees, Jeremy. „REVIEW: The sacking of an editor“. Pacific Journalism Review : Te Koakoa 26, Nr. 1 (31.07.2020): 294–301. http://dx.doi.org/10.24135/pjr.v26i1.1100.

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Commentary: On 25 July 1972, the Board of the New Zealand Broadcasting Corporation decided to terminate the editorship of Alexander MacLeod with three months' pay, effective immediately. The Listener had only had three editors since its launch as a broadcasting guide in 1939. Its founder Oliver Duff and successor Monty Holcroft, the revered editor of 18 years, built it up as a magazine of culture, arts and current events on top of its monopoly of listings of radio and television programmes. Both men managed to establish a sturdy independence for the magazine which was still the official journal of the New Zealand Broadcasting Service, later to become the New Zealand Broadcasting Corporation. So, the dismissal of the editor was a sizable event. The National government of the day in New Zealand ordered a Commission of Inquiry into whether the sacking was above board and whether it was politically influenced. This article is the story of the commission's findings.

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Malloch, Hanna. „Building a Secure Fence and a Well-Functioning Ambulance Reforming New Zealand's Natural Disaster Insurance Scheme“. Victoria University of Wellington Law Review 52, Nr. 1 (27.06.2021): 137–62. http://dx.doi.org/10.26686/vuwlr.v52i1.6848.

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This 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.

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Martin, John R. „Establishment of the Accident Compensation Commission 1973: Administrative Challenges“. Victoria University of Wellington Law Review 34, Nr. 2 (02.06.2003): 249. http://dx.doi.org/10.26686/vuwlr.v34i2.5785.

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Alongside the process of legislative review and enactment, questions of administrative structure and implementation received lively consideration. At stake were such issues as whether to treat the new scheme as a matter of law reform or an aspect of social security. ACC's eventual status as an independent commission posed challenges to public officials from several departments, while preserving certain tensions that would emerge later in the 1970s. This paper credits the New Zealand public service for its creative response to implementing ACC, which required it to bridge the structural divides and alternative conceptions of how the new scheme might work. The paper describes the pivotal decisions and persons that guided ACC into its initial decade.

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Duke, Chris. „Links between Further and Higher Education: The Case of New Zealand“. Journal of Adult and Continuing Education 8, Nr. 1 (November 2002): 104–19. http://dx.doi.org/10.7227/jace.8.1.8.

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This article sketches distinctive and partly unique features of New Zealand society, its recent history, and its adult, community and tertiary education system, as a prelude to considering linkages. The absence of a distinct further education (FE) sector analogous to the British further education colleges (FECs) or Australian technical and further education (TAFE) institutes combined with a recent period of extreme economic rationalism to privilege competition over collaboration. A sharp change of direction in 1999 is leading into a new more planned tertiary system under a Tertiary Education Commission in 2002. This is likely to reward and drive up inter-institutional collaboration, probably also more sharply differentiating roles within the more planned tertiary sector. The article concludes by reflecting on distinctive strengths and shortcomings, and on lessons from New Zealand of possible interest elsewhere.

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Luntz, Harold. „Looking Back at Accident Compensation: An Australian Perspective“. Victoria University of Wellington Law Review 34, Nr. 2 (02.06.2003): 279. http://dx.doi.org/10.26686/vuwlr.v34i2.5786.

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Soon after ACC was enacted the momentum for comprehensive no-fault reform shifted to Australia, where another Commission led by Sir Owen Woodhouse extended the New Zealand principles to address all forms of incapacity, including sickness, in an integrated scheme. The proposed Australian ACC model suggests the radical potential contained in the original Woodhouse vision, even though political events in Australia followed a different course from those in New Zealand. This paper explains the evolution of the Woodhouse principles in the context of Australian policy and politics, and offers reasons why the proposed scheme never came to enactment.

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Gregory, Geoff. „Counting the cost“. Bulletin of the New Zealand Society for Earthquake Engineering 31, Nr. 4 (31.12.1998): 288–92. http://dx.doi.org/10.5459/bnzsee.31.4.288-292.

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The Wellington after the Quake conference, organised by the Earthquake Commission in Wellington in March 1995, sought to answer some of the questions faced by all concerned with the recovery and restoration phases of a major earthquake in a nationally significant city. The papers, which were by a range of international authorities, and the discussions were published later that year, and some copies of the volume are still available from the Earthquake Commission. Then, in November 1996, the Earthquake Commission and the Insurance Council of New Zealand jointly sponsored a seminar on Natural Hazards: Finding, managing and sharing people and information, and a summary booklet was prepared as a record for those who attended and to inform those who were unable to attend. This seminar, Counting the Cost: The economic effects of a major earthquake, was again sponsored jointly by the Earthquake Commission and the Insurance Council of New Zealand, with the intention of looking more closely at the economic effects of a major earthquake. It attracted about 200 participants, most coming from the insurance and banking industries, fund and risk managers, and economists in a range of organisations, although there were also representatives from emergency management and civil defence organisations, local and regional councils, and earthquake engineers. This report on the information presented in the papers and discussions has been prepared to highlight the main conclusions and themes raised, for both the attendees and a wider audience who were unable to be present.

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McCaffrey, Hugh. „A Bitter Pill to Swallow: Portugal's Lessons For Drug Law Reform in New Zealand“. Victoria University of Wellington Law Review 40, Nr. 4 (04.05.2009): 771. http://dx.doi.org/10.26686/vuwlr.v40i4.5252.

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On 1 July 2001, Portugal decriminalised all drugs, replacing criminal sanctions with administrative ones. Portugal's decriminalisation policy focused on individual possession and use of drugs. It was thought that possession and use would be best dealt with outside of the criminal process. In New Zealand, the Law Commission is revisiting the Misuse of Drugs Act 1975. The author seeks to analyse the first two terms of reference: whether the legislative regime should reflect the principle of harm minimisation underpinning the National Drug Policy; and the most suitable model or models for the control of drugs. This paper examines the principles around the criminalisation of possession and use of drugs. In particular, it examines the experience of Portugal, some eight years after decriminalisation. It is argued that New Zealand should adopt a policy of harm minimisation and that the model Portugal presents ought to be seriously considered as a possibility for New Zealand reform.

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Becconsall-Ryan, Isabelle. „Combatting Hate in New Zealand: The Problems with Hate Crime Legislation and the Importance of Non-Criminal Alternatives“. Victoria University of Wellington Law Review 53, Nr. 2 (29.08.2022): 129–58. http://dx.doi.org/10.26686/vuwlr.v53i2.7702.

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This 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.

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Li, BoHao (Steven). „There is no Such Thing as a Sham Trust“. Victoria University of Wellington Law Review 44, Nr. 1 (01.05.2013): 115. http://dx.doi.org/10.26686/vuwlr.v44i1.5007.

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The Court of Appeal decision in Official Assignee v Wilson is the leading New Zealand case on "sham trusts". Obiter, O'Regan and Robertson JJ held that for a sham trust to exist, the settlor and trustee must have a common intention to not create a trust. Post-Wilson, debate continues over the precise elements that render a trust a sham. The Law Commission suggested that the sham doctrine, as a means of analysing the validity of an express trust, may not be the best approach. A better starting point would be a return to the certainty of intention requirement. In arguing that the Law Commission's recommendation is correct, this article will discuss three legal issues: whether an express trust is a unilateral or bilateral transaction; whether the excluded evidence has always been part of the objective intention requirement; and whether the legislative and policy factors have made foreign trust law distinct from New Zealand trust law. Finally, this article will expand on the test proposed by the Law Commission.

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McDonald, Elisabeth. „The Admissibility of "Acquittal Evidence" in Criminal Trials: Toward Reform“. Victoria University of Wellington Law Review 34, Nr. 4 (01.08.2003): 639. http://dx.doi.org/10.26686/vuwlr.v34i4.5759.

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Recent case law at appellate level in a number of common law jurisdictions has considered the admissibility of "acquittal evidence" – meaning, in the context of this article, either evidence of a defendant's earlier acquittals or evidence on which the acquittals were based. The author argues that the various rulings have resulted in uncertainty and inconsistency and illustrate the difficulty of establishing a single admissibility rule. After analysing the New Zealand case law, the author examines the relevant sections in the proposed Evidence Code, published by the New Zealand Law Commission in 1999, and she concludes by exploring some alternative legislative and judicial resolution of the issues.

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Richardson, Ivor. „Simplicity in Legislative Drafting and Rewriting Tax Legislation“. Victoria University of Wellington Law Review 43, Nr. 3 (01.09.2012): 517. http://dx.doi.org/10.26686/vuwlr.v43i3.5032.

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The search for simplicity in legislative drafting affects all legislatures. It is also central to the work of the New Zealand Law Commission and of governments in other comparable jurisdictions. Rather than exploring a range of statutes in various jurisdictions, this article focuses on income tax. It does so for two reasons. The first is that income tax has been crucial to the funding of government in common law jurisdictions and to achieving a legislative balance between simplicity and other criteria of an acceptable tax system. The second is that we can draw on three recent projects to rewrite income tax legislation – in Australia, the United Kingdom and New Zealand.

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Grainer, Virginia. „Is Family Protection a Question of Moral Duty?“ Victoria University of Wellington Law Review 24, Nr. 2 (01.07.1994): 141–62. http://dx.doi.org/10.26686/vuwlr.v24i2.6237.

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The Law Commission undertook a review of succession law in New Zealand at the time of writing. Whether the concept of "moral duty" is a satisfactory basis for determinations under the Family Protection Act 1955 was one of the issues the Commission is addressing in the context of the succession project. This article is based on a paper written by the author for the Law Commission. It examines the rationale behind the introduction of the original family protection legislation and the development of the concept of moral duty in this context. The article discusses a number of reasons for the author's conclusion that the use of the concept of moral obligation should be abandoned and replaced by a more clearly defined test based on dependence and need.

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Palmer, Geoffrey. „The Future of Community Responsibility“. Victoria University of Wellington Law Review 35, Nr. 4 (01.12.2004): 905. http://dx.doi.org/10.26686/vuwlr.v35i4.5727.

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This paper considers the future of community responsibility – the central philosophical principle of the 1967 Report of the Royal Commission concerning compensation for personal injury in New Zealand (the Woodhouse Report). Central to the Report was the advancement of earnings-related benefits free of all income or means test. Community responsibility was developed by the Royal Commission as the entire basis and principle for its recommendations. This principle has been traced to international instruments like the Universal Declaration of Human Rights. The Australian Woodhouse report proposed a similar version of the principle but the response in the two countries differed. In Australia it was argued that collective responsibility would be the death of individualism whereas in New Zealand the principle was never really attacked and was not seen as alien to the country's culture. A problem with the notion of community responsibility in both reports is that it is difficult to see how to limit it. In New Zealand the responsibility was restricted to injuries and not extended to sickness, which creates glaring social inequalities and discrimination. However it seems unlikely that this situation will change in the immediate future because of the lack of public disquiet about the issue. In the future, policy in the area may be affected by human rights norms which conflict with the current situation where eligibility for support is based on the manner in which the disability was acquired.

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McClure, Margaret. „A Decade of Confusion: The Differing Directions of Social Security and Accident Compensation 1969 – 1979“. Victoria University of Wellington Law Review 34, Nr. 2 (02.06.2003): 269. http://dx.doi.org/10.26686/vuwlr.v34i2.5784.

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Overlapping with the implementation of ACC in New Zealand was a parallel review of Social Security, charged with making recommendations for the overall system of social entitlements. The review took place in the context of global economic pressure and changes in family structure during the early 1970s, and represents a marked contrast in tone and ambition from the Woodhouse Commission. This paper contrasts the more modest direction taken by the 1972 Royal Commission on Social Security with the Woodhouse proposals, focusing on such matters as the structure of benefits and the underlying social and community objectives.

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Taylor, Colman, und Michael Wonder. „Exploring the implications of a fixed budget for new medicines: a study of reimbursement of new medicines in Australia and New Zealand“. Australian Health Review 39, Nr. 4 (2015): 455. http://dx.doi.org/10.1071/ah14122.

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Objective Spending on medicines under the Pharmaceutical Benefits Scheme (PBS) represents the ninth largest expense to the Federal Government. A recent report by the Commission of Audit to the Federal Government suggested spending on the PBS is unsustainable and a capped budget, similar to New Zealand’s PHARMAC model, may be required to contain costs. The objective of the present study was to compare listing outcomes between Australia and New Zealand, thereby exploring the opportunity cost of a capped budget for new medicines. Methods Listing outcomes in Australia and New Zealand were compared through published research and an updated search of listing outcomes from publicly available information. Results Previous research has demonstrated that New Zealand listed less than half of the new medicines listed in Australia over a 10-year period (2000–09). Our research shows that most of the new medicines not listed in New Zealand during this period remain unlisted today. In the previous 12 months, Australia listed 17 new medicines on the PBS, whereas New Zealand listed only one new medicine that was not already listed in Australia. Conclusion The discrepancy in the number of new medicines listed in New Zealand compared with Australia raises questions regarding the consequences of implementing a capped budget for new medicines. However, further research is needed to understand the relationship between listing outcomes, access to medicines and health benefits for the community. What is known about this topic? Due to factors such as an aging population and longer life expectancy, total government health expenditure as a proportion of gross domestic product (GDP) is expected to rise. Consequently, many commentators have suggested current expenditure patterns are unsustainable. The PBS represents a significant expense to the government and recent reports suggest the PBS should be reformed to align with New Zealand’s PHARMAC model, where an independent entity manages access to subsidised medicines under a capped budget. However, little information exists regarding access indices for new medicines in New Zealand compared with Australia. What does this paper add? This paper builds on previously published research comparing listing outcomes for new medicines in Australia and New Zealand. The results highlight a discrepancy in listing new medicines in New Zealand compared with Australia that has not improved in recent years. Consequently, the results question the notion that a capped budget for new medicines is a good policy choice for Australia. What are the implications for practitioners? This paper reviews the current reimbursement system in Australia and compares it with New Zealand’s PHARMAC model. In addition, this paper compares listing outcomes for new medicines in Australia and New Zealand. In doing so, the results of this paper have implications for practitioners who are concerned about continued subsidised access to new medicines via the PBS, and for policy makers in relation to proposed PBS reforms. Further, our paper provides insights into PBS policy reform that may assist practitioners who are interested in commenting on any proposed reform.

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Henshall, Peter. „The origins of journalism education at UPNG“. Pacific Journalism Review : Te Koakoa 4, Nr. 1 (01.11.1997): 97–98. http://dx.doi.org/10.24135/pjr.v4i1.625.

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Journalism education training was started at the University of PNG at the beginning of 1975, when the New Zealand Government agreed to fund a one-year Diploma in Journalism for an initial two-year period. Before this, the few national journalists employed in Papua New Guinea had been trained in-house by the two-principal employers of the time— the Office of Information and the National Broadcasting Commission.

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Krommendijk, Jasper. „Can Mr Zaoui Freely Cross the Foreshore and Seabed? The Effectiveness of UN Human Rights Monitoring Mechanisms in New Zealand“. Victoria University of Wellington Law Review 43, Nr. 4 (01.12.2012): 579. http://dx.doi.org/10.26686/vuwlr.v43i4.5022.

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This article analyses the impact and effectiveness of the most important international monitoring mechanism for New Zealand's international human rights obligations, which is the process of State reporting under United Nations human rights treaties by committees of experts. This article concludes that the organisation of this process in New Zealand has improved since the mid-2000s and that domestic actors, such as the New Zealand Human Rights Commission and non-governmental organisations, have become more involved. There is, however, no structural follow-up to the recommendations of the supervisory United Nations committees, and as a result they often remain largely ineffective. This article will explain why the reporting process under the United Nations Convention on the Rights of the Child is considerably more effective.

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Fauza, Farah. „Legal Comparison of Standard Clause Regulations in Indonesian and New Zealand Consumer Protection Laws“. Santhet (Jurnal Sejarah Pendidikan Dan Humaniora) 8, Nr. 1 (02.03.2024): 325–32. http://dx.doi.org/10.36526/santhet.v8i1.3538.

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This study aims to identify and analyze the comparison of Standard Clauses regulations in Indonesian and New Zealand consumer protection laws. This research is normative legal research, in which this research obtains data from primary legal materials, including legal principles and legal norms contained in laws and regulations within the consumer protection sector in Indonesia and New Zealand, supported by secondary legal materials in the form of books, journals, articles, papers, previous research related to research problems. The results of this study indicate that there are notable differences between the regulations for the use of Standard Clauses in Indonesian and New Zealand consumer protection laws. These differences are observed in several aspects, such as the terminology used, the determination process for prohibited Standard Clauses, the legal implication of the use of Standard Clauses, and the legal accountability for business actors who include Standard Clauses prohibited by the law. Indonesia uses the term "Standard Clauses", while New Zealand uses the term "Unfair Contract Terms”. In Indonesia, it is illegal for business actors to include Standard Clauses that fulfill the provisions mentioned in Article 18, Paragraph (1), and Paragraph (2) of the UUPK. If such clauses are included, they are declared null and void by law. On the other hand, in New Zealand, if a business includes an Unfair Contract Term in a consumer contract, the court can cancel it upon request by the Commerce Commission or the affected consumer.

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Brunsdon, Dave, John Hare, Mike Stannard, Kelvin Berryman, Graeme Beattie und Nick Traylen. „The impact of the Canterbury Earthquake Sequence on the earthquake engineering profession in New Zealand“. Bulletin of the New Zealand Society for Earthquake Engineering 46, Nr. 1 (31.03.2013): 56–67. http://dx.doi.org/10.5459/bnzsee.46.1.56-67.

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Professional engineers have provided a range of inputs into the responses to the Canterbury Earthquake Sequence and the recovery process that has followed. This earthquake sequence has been unique in many respects, including the intensity of shaking produced in the Christchurch CBD by each of the major aftershocks in February, June and December 2011. For engineers, the heavy workload has been continuous from the response to the original 4 September 2010 Darfield earthquake, and will extend for several years to come. There have been many post-earthquake challenges for seismologists and geotechnical and structural engineers, commencing with urban search and rescue responses and rapid building evaluations, and extending through the more detailed assessments and repair specifications during the recovery phase. Engineers are required to interface with owners, regulatory authorities and insurers, and face many challenges in meeting the objectives of these different sectors, which are rarely aligned. Adding to the technical demands has been the requirement for many scientists and engineers to provide input into the Canterbury Earthquakes Royal Commission of Inquiry and other investigations. The Royal Commission was set up to investigate the failure of buildings that led to the loss of 185 lives in the 22 February 2011 aftershock, and has placed close scrutiny on many aspects of engineering activities, particularly those undertaken following the 4 September 2010 earthquake. The prominent public reporting of the Royal Commission hearings has placed additional pressure on many engineers, including those who volunteered their services following the original earthquake into a role for which they had received only limited prior training. Interpreting and communicating ‘safety’ in relation to the re-occupancy (or continued occupancy) of commercial buildings continues to be a challenge in the face of liability concerns. A more comprehensive understanding of the technical and process guidance required by engineers and authorities has resulted from the work undertaken in response to this earthquake sequence. Much of this guidance has now been produced, and will be of considerable benefit for future major earthquake events. This paper reflects on the range of work undertaken by scientists and engineers during the response and recovery stages. The scope and implications of the various official inquiries are summarised, and the potential impacts on engineers involved in the response to and recovery from future major earthquakes are briefly discussed.

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