Journal articles: 'Administrative law – New Zealand'

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Knight, Dean R. "Simple, Fair and Discretionary Administrative Law." Victoria University of Wellington Law Review 39, no. 1 (June 2, 2008): 99. http://dx.doi.org/10.26686/vuwlr.v39i1.5455.

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This article discusses the immense contribution Lord Cooke made to the development of administrative law in New Zealand. It focuses on his desire for simplicity, his pursuit of fairness and his acceptance of discretion. In particular, this article examines the different ways this tripartite set of themes manifest themselves in and throughout the orthodox tripartite grounds of judicial review in New Zealand.

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Siekiera, Joanna. "Rola sądów administracyjnych w nowozelandzkim systemie prawnym." Prawo 320 (September 28, 2016): 121–29. http://dx.doi.org/10.19195/0524-4544.320.8.

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The administrative tribunals in the New Zealand legal systemThe article describes administrative judiciary in New Zealand, as well as its significant role in the whole legal system of the country. The development of administrative tribunals in many countries may differ, as it is associated with the constantly increasing power of any state bodies. Administrative competences do gradually rise due to the complexity of New Zealand society, but also as a response to non-compliance with social justice. In New Zealand, state carries out the functions which until recently were, or in certain countries are still, in private hands. In addition, the New Zealand administrative law system includes such institutions as the Court of Copyright, the Office of Pharmacy or the College of Appeal Land.

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Poole, Melissa. "International Instruments in Administrative Decisions: Mainstreaming International Law." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 91. http://dx.doi.org/10.26686/vuwlr.v30i1.6015.

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This article considers the development of the role of international instruments in administrative decisions. It compares the changes in New Zealand after the Tavita case with the developments which followed the Teoh case in Australia. The article then proposes the basis for a new attitude to international instruments which would result in the "mainstreaming" of international law.

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Joseph, P. A. "Perfecting the Administrative Solution to Labour Disputes: Postscript." Relations industrielles 38, no. 4 (April 12, 2005): 863–68. http://dx.doi.org/10.7202/029409ar.

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« The judges lack the intimate knowledge of the very dynamic process of industrial relations and collective bargaining. For these reasons...the new labour code has removed the court's jurisdiction over labour disputes...The new law seeks an administrative rather than a judicial solution to labour disputes. »** * JOSEPH, P.A., Faculty of Law, University of Canterbury, New Zealand. ** BRITISH COLUMBIA LEGISLATIVE ASSEMBLY DEBATES (1973) (Third Session), at 399-400 per the Hon. W.S. King, Minister of Labour.

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Alexander, Jack. ""Busybodies, Cranks and Mischief-Makers": Revisiting Finnigan v New Zealand Rugby Football Union and the Pro Bono Ethos." Victoria University of Wellington Law Review 48, no. 3 (November 1, 2017): 389. http://dx.doi.org/10.26686/vuwlr.v48i3.4734.

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Finnigan v New Zealand Rugby Football Union has assumed a prominent position in New Zealand's relatively short legal history. This is in part due to the legal principles established by the case – it is recognised as a leading case in both administrative law and sports law. The case is perhaps more notable for its social and historical significance – it is fondly remembered as "the case that stopped the tour". This article argues that the case is significant on two further levels. It is a little-known fact that the case was taken on an entirely pro bono basis. The premise of this article is that, without the pro bono ethos of the lawyers involved, one of New Zealand's most famous cases would never have eventuated. The second little-known element of the case is how the plaintiffs' lawyers tactfully avoided the common law doctrine of maintenance. The true significance of Finnigan v New Zealand Rugby Football Union is only realised when the case is examined from a wider perspective than has been done previously.

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Spiller, Peter. "The Judicial Legacy of Salmond J in New Zealand." Victoria University of Wellington Law Review 38, no. 4 (March 1, 2008): 797. http://dx.doi.org/10.26686/vuwlr.v38i4.5549.

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John Salmond was a judge of the Supreme Court of New Zealand during the years 1920-1924. This paper examines the nature of Salmond J's contribution to judicial precedent in New Zealand in five areas of the law: administrative; family; procedural; property; and contract law. Salmond J's judgments in these areas amply justified his reputation as an outstanding jurist. They were characterised by balance, fairness and a keen sense of human reality, and were presented with admirable structure and clarity. Of particular note is Salmond J's interpretion of the significant body of legislation passed from 1908 onwards. Fortified by his experience of legislative drafting at the time when this legislation was passed, Salmond J confidently supplemented the legislation with case law based on the legislative intent. The overall effect of Salmond J's judicial work was that, during the eight decades after his death, his judgments provided his successors on the bench with apposite language, frameworks and reference points in the cases before them.

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Adlam, J. G. "Legal Environment for Petroleum Exploration: An Overview." Energy Exploration & Exploitation 13, no. 2-3 (May 1995): 221–44. http://dx.doi.org/10.1177/0144598795013002-312.

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This paper is an overview of the New Zealand legal environment as it affects petroleum explorers and their operations in New Zealand. It includes a brief summary of the New Zealand legal system and identifies the business structures commonly used and recognised under New Zealand law. It continues with an outline of the significant legal requirements governing petroleum exploration, including the Crown Minerals Act (rights and obligations of permit holders), environmental and conservation laws, Overseas Investment Act and Regulations, Commerce Act, Fair Trading Act, taxation aspects of operations in New Zealand, the no-fault Accident Compensation scheme and other operational requirements. The paper concludes with comment on government participation, current government policy and the legal and administrative framework in which that policy is implemented.

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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, no. 4 (May 4, 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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Adlam, J. G. "Confronting Impediments to Enterprise: A Legal Perspective." Energy Exploration & Exploitation 6, no. 3 (June 1988): 173–88. http://dx.doi.org/10.1177/014459878800600301.

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This paper is an edited version of a paper presented to the New Zealand Oil Exploration Conference at Wairakei, New Zealand, 1–3 July, 1987. The paper is an overview of the New Zealand legal environment as it affects petroleum explorers and their operations in New Zealand. It includes a brief summary of the New Zealand legal system and identifies the business structures commonly used and recognised under New Zealand law. It continues with an outline of the significant legal requirements governing petroleum exploration, including the Petroleum Act and Regulations (rights and obligations of Licensees), environmental and conservation laws. Overseas Investment Act and Regulations, Commerce Act. Fair Trading Act. taxation aspects of operations in New Zealand, the no-fault Accident Compensation scheme and other operational requirements. The paper concludes with comment on government participation, current government policy, the legal and administrative framework in which that policy is implemented and some comment on prospects for the future.

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Bel, Marine, Michael Berger, and Robert K. Paterson. "Administrative Tribunal of Rouen, Decision No. 702737, December 27, 2007 (Maori Head case)." International Journal of Cultural Property 15, no. 2 (May 2008): 223–26. http://dx.doi.org/10.1017/s0940739108080156.

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In October 2007, the mayor of the French city of Rouen agreed to return to New Zealand a preserved tattooed head of a Maori warrior (called toi moko by Maori) from that city's Museum of Natural History, whose collection the head had been part of since 1875. The decision to return the head was based on an initiative by the Museum of New Zealand (Te Papa Tongarewa), which has successfully secured the return of other such heads from museums in various European countries and the United States. Before the Rouen head could be handed over, however, the French Ministry of Culture intervened, arguing that its return was unauthorized under French law as being part of a French museum collection and thus inalienable.

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Martin, John R. "Establishment of the Accident Compensation Commission 1973: Administrative Challenges." Victoria University of Wellington Law Review 34, no. 2 (June 2, 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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Thomson, Stephen. "Dare to Diverge: Time for Administrative Law in Hong Kong to Stand on Its Own Two Feet." Chinese Journal of Comparative Law 7, no. 3 (December 1, 2019): 435–56. http://dx.doi.org/10.1093/cjcl/cxaa002.

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Abstract Hong Kong’s system of administrative law has drawn strength and durability from its English counterpart, on which it was heavily modelled. Too often, however, there is a slavish acceptance of the pre-eminence of English law and a tendency to conservativism and a lack of innovation. This article argues that Hong Kong courts and legislators must dare to diverge from English law where an alternative path would prove more credible or appropriate. Three prisms are deployed through which to argue that a misplaced emulation of English law can result in a poor legal framework. First, it is shown that a failure to properly conceptualize error of law as a ground of judicial review has resulted in a ground that, locally, is in a state of incoherence and disarray and that the admission or non-admission of a distinction between jurisdictional and non-jurisdictional errors urgently requires clarification from the Court of Final Appeal. Second, it is proposed that the English-inspired incorporation of a specific time limit in the rules for applying for judicial review should be abolished in the interests of access to justice and legal certainty, drawing on the experience of jurisdictions such as New Zealand, Canada, and Scotland. Finally, it is explained why the antiquated system of administrative tribunals in Hong Kong, redolent of the unreformed English tribunal system of decades past, needs comprehensive structural and procedural redesign. Courts and legislators must dare to diverge in these areas, with Hong Kong’s administrative law standing on its own two feet, where minds are focused on a genuine, locally crafted improvement of standards prevailing in administrative law and public administration.

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Bennion, Tom. "Treaty-Making in the Pacific in the Nineteenth Century and the Treaty of Waitangi." Victoria University of Wellington Law Review 35, no. 1 (April 1, 2004): 165. http://dx.doi.org/10.26686/vuwlr.v35i1.5631.

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This paper discusses the history of treaty-making between Pacific island nations and European powers during the nineteenth century in order to assess the validity of the Treaty of Waitangi at international law. The author also draws some brief comparisons with treaty-making in Africa. The particular focus of the paper is an assessment of how the colonial powers would have viewed a document such as the Treaty. The conclusion of the paper is that the signatories would have presumed that the Treaty would have serious effect, and would be binding in international law.Editor’s note: This paper was originally written in 1987 as part of the Administrative Law LLM course at Victoria University of Wellington. After it was recently cited with approval in Sir Kenneth Keith's article "Public Law in New Zealand" (2003) 1 New Zealand Journal of Public and International Law 3, it transpired that access to the paper was very limited. Despite its age, and the fact that much scholarship has been done in the intervening time, on the Treaty in particular, the material is still of considerable interest. Some changes have been made to the original text to cater for the passage of time.

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14

James, Colin. "Book Review: Philip A. Joseph, Constitutional and Administrative Law in New Zealand (Sydney: The Law Book Company, 1993), pp. lvi, 951, $120." Political Science 48, no. 1 (July 1996): 113–15. http://dx.doi.org/10.1177/003231879604800112.

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Arakaki, Osamu. "Refugee Status in Japan: Change of Judicial Practice in the Democratic State." Victoria University of Wellington Law Review 38, no. 2 (August 1, 2007): 281. http://dx.doi.org/10.26686/vuwlr.v38i2.5517.

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This article considers the practice of Japanese courts in determining appeals to administrative determinations of refugee status in the 1980s and 1990s. Contrasting Japanese practice with that of New Zealand, the author highlights how the approach taken by the Japanese courts was characterised by conservatism and unwillingness to consider international jurisprudence. The author discusses how Japanese judges have appeared unfamiliar with internationally acceptedconcepts of refugee law, and also reveals that in the practice of the 1980s and 1990s attorneys were insufficiently knowledgeable about refugee law. The author concludes by discussing ways in which Japanese practice has evolved since 2000, and considers some possible reasons for this development.

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Garlick, Marko. "Stepping Out of Bounds: The Over-Prosecution of Recreational Athletes in Light of DFSNZ v XYZ." Victoria University of Wellington Law Review 51, no. 1 (June 22, 2020): 53. http://dx.doi.org/10.26686/vuwlr.v51i1.6518.

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DFSNZ v XYZ presents a worrying precedent for anti-doping law. That case arose after New Zealand's anti-doping enforcement body, Drug Free Sport New Zealand (DFSNZ), expanded its jurisdiction over recreational athletes. It did so by internal administrative decision and without notice. This action was upheld in DFSNZ v XYZ by a majority of the Sports Tribunal resulting in an unsuspecting recreational golfer being banned for one year. The decision upheld DFSNZ's extension of onerous obligations and invasive testing powers designed for elite athletes to the large proportion of ordinary New Zealanders who partake in recreational sport. This article critiques the XYZ decision on two bases: (a) DFSNZ's illegitimate expansion of its jurisdiction to recreational athletes by mere administrative policy change; and (b) the pitfalls of extending a regime designed for elite athletes to recreational athletes. The World Anti-Doping Agency (WADA) has developed a new World Anti-Doping Code which will come into force in January 2021. The 2021 Code creates a new two-tiered system which treats "athletes" and "recreational athletes" differently. This article analyses the new Code and critiques its shortcomings with regards to defining the Code's jurisdiction and ensuring a proportionate response to doping in recreational sport. WADA's new code is a step in the right direction but fails to go far enough to align with the participation, health and education objectives of recreational sport.

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Cuncannon, Fionnghuala. "The Case for Specific Performance as the Primary Remedy for Breach of Contract in New Zealand." Victoria University of Wellington Law Review 35, no. 3 (October 1, 2004): 657. http://dx.doi.org/10.26686/vuwlr.v35i3.5708.

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This article examines the appropriateness of damages as the primary remedy for breach of contract in New Zealand. It argues that the civil law approach to contractual remedies, which gives primacy to performance of the obligation, is superior to New Zealand's common law position, which merely seeks to replace the right to performance with an award of damages. The importance of both the normative and practical impact of the remedial framework is examined in order to demonstrate that specific performance is better able to facilitate commercial endeavours. The three justifications for the primacy of damages in the common law (the historical development, the economic theory of efficient breach, and the concern that specific performance will overburden the administration of justice) are examined but rejected as adequate justification for the common law position. It contends that specific performance should be the primary remedy because it is more consistent with the principles that underlie the law of contract. It also contends that specific performance is more practical because it reduces conflict and promotes efficiency. The recommendation is that any change should be through appropriate legislation.

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Temby, Ian, and Iain Sandford. "Customs in the Regional Trade Agreements of Australia and New Zealand: Efforts to Improve Customs Instruments and Develop Trade." Global Trade and Customs Journal 5, Issue 11/12 (November 1, 2010): 445–59. http://dx.doi.org/10.54648/gtcj2010056.

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Australian and New Zealand regional trade agreements have improved customs administration and built opportunities for trade-driven economic development. As champions of trade liberalization and economic reform and multilateral trade liberalization, both Australia and New Zealand have increasingly focused on regional trade agreements (notably free trade agreements (FTAs)) to expand opportunities for trade in the Asia-Pacific region. This effort has important implications for customs law and administration. In addition, a renewed focus on efficiency, risk management, and border security means that domestic policy initiatives from within Australia and New Zealand are now increasingly being reflected in the respective countries’ trade negotiating agenda. This article offers a practitioner’s perspective on these and related developments. It updates contemporary developments in Australia and New Zealand and highlights useful lessons. This article begins with a discussion of the importance of trade facilitation through driving efficiency in customs administration. It also offers an overview of the Australian context of customs reform and Australia?s efficiency agenda. It then reviews the current suite of trade agreements in Australia and New Zealand, highlighting the approach taken to customs issues. After addressing the facilitation agenda, revenue issues, and security issues, this article concludes that Australia and New Zealand have been successful in making progress in improving customs instruments and developing trade. It suggests there may be lessons for other trade negotiating agendas in the incremental and under-the-radar approach that has been taken over more than a decade in relation to customs in Australian and New Zealand trade agreements.

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Wilberg, Hanna. "Interrogating ‘Absolute Discretion’: Are Nz's Parliament and Courts Compromising the Rule of Law?" Federal Law Review 45, no. 4 (December 2017): 541–68. http://dx.doi.org/10.22145/flr.45.4.4.

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It is elementary in administrative law that there is no such thing as unfettered discretion–yet, in a development that appears to have gone largely unnoticed, statutes increasingly confer ‘absolute discretion’ on public decision-makers. This article explores and evaluates these provisions and their judicial treatment in New Zealand. It surveys the range of contexts in which they are used and the various purposes or functions they appear to serve, and evaluates each against orthodoxy. It also surveys the judicial responses to such provisions, finding that these are mixed and too often muted. Of particular concern are the ‘absolute discretion’ provisions in the Immigration Act, and the lack of a consistently resolute judicial response to these.

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Zvulun, Jacky Yaakov. "Postal Voting and Voter Turnout in Local Elections: Lessons from New Zealand and Australia." Lex localis - Journal of Local Self-Government 8, no. 2 (April 26, 2010): 115–31. http://dx.doi.org/10.4335/8.2.115-131(2010).

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The relationship between postal voting and voter turnout in local elections needs to be investigated in the context of whether postal voting helps increase voter turnout in twenty-first century local elections. This assists to uplift the discourse about New Zealand and Australia local elections and its voter turnout. This article explores the method of postal voting history by looking at these two countries and analysing the method of political participation at the local level. It argues that postal voting no longer increases or decreases voter turnout in these countries. KEYWORDS: • postal voting • voter turnout • local elections • participation • New Zealand

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Kenner, Lucy Elizabeth. "Can Legislative Reform Secure Rewards for Authors? Exploring Options for the New Zealand Copyright Act." Victoria University of Wellington Law Review 48, no. 4 (December 1, 2017): 571. http://dx.doi.org/10.26686/vuwlr.v48i4.4724.

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Copyright law protects works, but not the authors who create them. As the weaker party in negotiations, authors face insufficiently remunerative bargains, often made early in their careers. The Copyright Act 1994 is currently under review, and reform should be considered. This article explores legislative mechanisms to secure rewards for authors from their works. It considers the contrasting schemes in the United States and in Germany and evaluates the desirability of adopting these approaches in New Zealand. The United States approach is a termination right that allows authors to recapture their copyrights after 35 years. The scheme in Germany requires that authors' contracts meet minimum equitable standards or be subject to amendment. This article considers that there are significant problems with adopting either approach in New Zealand. These include the risk of harming authors overall, enforcement, the interests of disseminators, arbitrariness, uncertainty and administrative difficulties. This article recommends that neither option is desirable. It concludes that while there is a clear need for solutions, a cautious approach must be taken to any reforms which are intended to address such a complex problem.

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Schwartz, Herman. "Can orthodox stabilization and adjustment work? Lessons from New Zealand, 1984–90." International Organization 45, no. 2 (1991): 221–56. http://dx.doi.org/10.1017/s0020818300033075.

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Most debate about the efficacy of orthodox stabilization programs, such as those of the International Monetary Fund, has been fruitless. First, rarely are these programs fully implemented or sustained for long periods. Second, defenders and critics of the programs hold differing premises about the nature of capitalist economies. The debate is therefore not about the appropriate balance of supply-and demand-side measures but, rather, about what sort of supply- and demand-side measures will address the supply- and demand-side problems that each group perceives. The results of an orthodox stabilization program which incorporated demand- and supply-side elements and which was fully implemented and sustained by the New Zealand government from 1984 to 1990 reveal the limits to orthodox programs. New Zealand, a primary product exporter, suffers from a structural imbalance of payments and from an external debt burden equal in scale to that of the Latin American and other highly indebted less developed countries (LDCs), but it does not have the serious supplyside constraints on growth that critics claim typify underdeveloped economies. This makes New Zealand an appropriate test of the typical orthodox stabilization program. Despite the fact that its administrative capacity, political will, domestic support, and access to external resources were far in excess of those of the typical would-be LDC stabilizer, New Zealand achieved only a precarious macroeconomic and international payments stability. Moreover, as the case of New Zealand demonstrates, inflation control and financial liberalization policy components of orthodox plans have contradictory consequences for payments balance. This suggests that long-term stabilization, in New Zealand and elsewhere, cannot be achieved solely by internal reforms.

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Peart, Nicola. "Life beyond Death: Regulating Posthumous Reproduction in New Zealand." Victoria University of Wellington Law Review 46, no. 3 (October 1, 2015): 725. http://dx.doi.org/10.26686/vuwlr.v46i3.4905.

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This article argues that the current legal regulation of posthumous reproduction in New Zealand is deficient. Posthumous reproduction raises issues in relation to consent, the welfare and status of the child, and even such practical issues as succession rights and estate administration. Drawing on Australian and English case law and legislation, this article proposes reform of the current legal regulation to clarify the consent requirements for collection and use of gametes after the death of the gamete provider, and to address the legal status and associated rights of posthumously conceived children.

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Lunt, Neil. "Employability and New Zealand welfare restructuring." Policy & Politics 34, no. 3 (July 3, 2006): 473–94. http://dx.doi.org/10.1332/030557306777695271.

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Lewis, N., and W. Moran. "Restructuring, Democracy, and Geography in New Zealand." Environment and Planning C: Government and Policy 16, no. 2 (April 1998): 127–53. http://dx.doi.org/10.1068/c160127.

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The speed, transparency, and extent of the reregulation of New Zealand society over the last decade offer many insights into issues of social change and systems of regulation and governance. The forms of reregulation have been embedded by the set of new regulations and reorganised state practices referred to as the ‘reforms’. These have involved a major shift in the sites and exercise of power within and between economic, social, and political spheres. They have been promoted and articulated in a restructuring discourse which has dominated New Zealand's reaction to the expiry of its social democratic settlement. Reconstructions of space and democracy have been heavily implicated within the processes of change, both as explicit goals of the reform programme and as overt strategies for the achievement of other redistributions. They are also definitive outcomes of a decade of upheaval. The authors explore the spatialities of core-state reform. They develop the concept of an altered dominant representation of space to explore new configurations of space and democratic practice. They seek to inform contemporary debates over the stability of New Zealand's reconstructed social formation. The discussion is illustrated with references to the spatial reorganisation of the institutions of government and core-state activities; in particular the altered administration of education and public health, and changes in local government organisation.

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Banba, Michiko, Satoru Masuda, Yoshiyuki Murayama, and Norio Maki. "Law and administration of land use managment for earthquake disaseter mitigation in New Zealand." Journal of the City Planning Institute of Japan 39.3 (2004): 601–6. http://dx.doi.org/10.11361/journalcpij.39.3.601.

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Banba, Michiko, Satoru Masuda, Yoshiyuki Murayama, and Norio Maki. "Law and administration of land use managment for earthquake disaseter mitigation in New Zealand." Journal of the City Planning Institute of Japan 39 (2004): 101. http://dx.doi.org/10.11361/cpij1.39.0.101.0.

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Tonkin, Matt, and Martin Joseph Weeks. "Crime linkage practice in New Zealand." Journal of Criminological Research, Policy and Practice 7, no. 1 (February 2, 2021): 63–76. http://dx.doi.org/10.1108/jcrpp-01-2020-0013.

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Purpose The purpose of this paper is to understand (i) how crime linkage is currently performed with residential burglaries in New Zealand, (ii) the factors that promote/hinder accurate crime linkage and (iii)whether computerised decision-support tools might assist crime linkage practice. Design/methodology/approach A total of 39 New Zealand Police staff completed a questionnaire/interview/focus group relating to the process, challenges, products and uses of crime linkage with residential burglary in New Zealand. These data (alongside four redacted crime linkage reports) were subjected to thematic analysis. Findings The data clearly indicated wide variation in crime linkage process, methods and products (Theme 1). Furthermore, a number of factors were identified that impacted on crime linkage practice (Theme 2). Research limitations/implications Future research should develop computerised crime linkage decision-support tools and evaluate their ability to enhance crime linkage practice. Also, researchers should explore the use of crime linkage in court proceedings. Practical implications To overcome the barriers identified in the current study, greater training in and understanding of crime linkage is needed. Moreover, efforts to enhance the quality of crime data recorded by the police will only serve to enhance crime linkage practice. Social implications By enhancing crime linkage practice, opportunities to reduce crime, protect the public and deliver justice for victims will be maximised. Originality/value The practice of crime linkage is under-researched, which makes it difficult to determine if/how existing empirical research can be used to support ongoing police investigations. The current project fills that gap by providing a national overview of crime linkage practice in New Zealand, a country where crime linkage is regularly conducted by the police, but no published linkage research exists.

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van Buuren, Arwin, Judy Lawrence, Karen Potter, and Jeroen F. Warner. "Introducing Adaptive Flood Risk Management in England, New Zealand, and the Netherlands: The Impact of Administrative Traditions." Review of Policy Research 35, no. 6 (May 13, 2018): 907–29. http://dx.doi.org/10.1111/ropr.12300.

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Grinlinton, David. "The Continuing Relevance of Common Law Property Rights and Remedies in Addressing Environmental Challenges." McGill Law Journal 62, no. 3 (January 5, 2018): 633–86. http://dx.doi.org/10.7202/1042771ar.

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Environmental protection and natural resources management is today dominated by legislative measures and administrative procedures. Enforcement and penalty regimes for environmental damage and the management of natural resources are all highly regulated. Nevertheless, there remains the oft-neglected realm of common law rules and procedures available to individuals and public interest groups, and indeed government, as alternate or supplementary mechanisms to enforce rights and obligations, to guide the implementation and interpretation of environmental regulation, and to provide new avenues for addressing environmental challenges. The common law, particularly in the areas of tort and property, has demonstrated remarkable adaptability in addressing novel environmental threats and in innovating to protect environmental values and incentivize ecologically-sustainable development of natural resources. This article is intended to provide a review of the historical and current contribution of the common law, focusing particularly on property law concepts and property-related torts, and to explore the future potential of those mechanisms in contributing to environmental protection and environmentally-sustainable development. The article draws on cases and developments in a number of similar common law jurisdictions, including Canada, the United Kingdom, the United States, Australia, and New Zealand.

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Doolan, Mike. "Practice Notes: Understanding the purpose of youth justice in New Zealand." Aotearoa New Zealand Social Work 20, no. 3 (July 17, 2017): 63–70. http://dx.doi.org/10.11157/anzswj-vol20iss3id343.

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The administration of justice can become an arid procedural concern when practitioners lose sight of purpose. This article focuses on the purposes of the youth justice provisions of the Children, Young Persons and Their Families Act 1989. After traversing New Zealand’s historical responses to children who offend and contrasting the conceptual underpinnings of those approaches with current legislation, the article identifies the three key aims of youth justice reform which took place during the late 1980s – providing due process guarantees; finding alternatives to enmeshing young people and their families in the formal criminal justice system; and promoting culturally respectful processes. The author argues that almost all of the procedures of the legislation link to one or other of these aims and by understanding these linkages, all youth justice practitioners – judges, legal advocates, coordinators, social workers, police and community service providers – can ensure the intentions of the law are not lost in the exigencies of the day-to-day activity. The article concludes by proposing that all youth justice practitioners, in addition to their role-specific functions, have a collective responsibility to ensure the mandate of the law is given effect.

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Ilin, Alexey. "A NEW CYBERBULLYING LAW? EXTENSION OF LEGAL INTERPRETATIONS IN CHINA AND RUSSIA." International Journal of Law, Ethics, and Technology 2022, no. 2 (October 28, 2022): 56–86. http://dx.doi.org/10.55574/qgsj9827.

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Cyberbullying is a form of psychological violence that is intentional, repeated, characterized by power imbalance, and uses cyberspace as its medium. Cyberbullying can be much more vicious than the ‘traditional’ face-to-face bullying because it is not limited by time and space, difficult to detect, and the aggressors often enjoy anonymity and impunity. Moreover, cyberbullying can exist as a self-contained phenomenon in cyberspace, which means that the aggressor and the victim may not know each other in the real world. Bearing these facts in mind, we need to answer two important questions: 1) Is cyberbullying a new type of offense? 2) Do we need a new anti-cyberbullying law? Scholars around the world are divided on these issues. While some countries, like the United States and New Zealand, have directly criminalized cyberbullying, others, like Australia and Canada, are simply amending their existing laws or extending their interpretations. This paper examines the legal situation in China and Russia, the two countries which do not have any specific laws regarding cyberbullying. The research is built upon the analysis of applicable laws and judicial decisions. The case studies overview the situations when victims of cyberbullying sought legal protection in court. The paper concludes that neither China nor Russia needs to pass a new anti-cyberbullying law. They are already doing adequate work to amend and interpret the existing civil, administrative, and criminal laws in order to counter cyber-offenses. However, more effort needs to be done to remove procedural barriers to litigation and prosecution, such as the costly and cumbersome notarization process in Russia, or the private character of the prosecution of defamation in China.

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Groenewegen, P. D. "Tax Reform in Australia and New Zealand." Environment and Planning C: Government and Policy 6, no. 1 (March 1988): 93–114. http://dx.doi.org/10.1068/c060093.

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During 1985, the Labour governments in both Australia and New Zealand proposed a tax mix switch policy in which a broad-based tax on consumption expenditure (at the retail level in Australia, of the value-added type in New Zealand), at a uniform rate, was to provide scope for substantial reduction, by the means of rate reduction, in personal income tax. This major tax reform was to be accompanied, in both countries, by an abandonment of the classical system of company taxation and its replacement by a system of full imputation and the taxation of employee fringe-benefits in the hands of the employer. The tax mix switch part of the proposed tax reforms only went ahead in New Zealand, and in this paper the author investigates the reasons for this phenomenon as an exercise in the political economy of tax reform. Apart from enabling some testing of Prest's hypothesis, that there are advantages for tax reform in a country not having a federal or a written constitution, the required background to this examination is presented, by means of an outline of the fundamentals of the Australian and New Zealand tax systems, and of the proposals put forward for eventual implementation. Likewise the processes by which tax reform was achieved in the two countries are examined, and it is argued that differences in political institutional settings explain the different outcomes. The author also comments on the alternative tax reform strategies which are implicit in the proposals currently being implemented in Australia and New Zealand.

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Finn, Jeremy. "The Legal Environment of Salmond's Time." Victoria University of Wellington Law Review 38, no. 4 (March 1, 2008): 689. http://dx.doi.org/10.26686/vuwlr.v38i4.5543.

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This paper examines through multiple lenses the world of the lawyer in early 20th century New Zealand. It considers, and places in their social and political context, the major issues with which Parliament and the courts were dealing, notably issues to do with alienation of Māori land and attempts to prohibit the liquor trade, but also looking at law reform by private members' Bills. The reported decisions of the courts are analysed to consider the areas of frequent litigation, particularly land law (including Māori land cases), administrative and public law cases thrown up by the prohibition question and the very large volume of torts cases. It then examines the position of the judiciary and the courts, paying particular attention to agitation by the profession for increased judicial salaries and to the debates about the role of the Privy Council following its judgment in Wallis's case. It concludes with a discussion of the organisation and membership of the legal profession, the state of legal education and the development of a body of locally-generated legal literature.

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Manns Jr, F. Philip. "New Zealand Trustee Investing: Reflecting on Modern Portfolio Theory and the Ancient Distinction of Principal and Income." Victoria University of Wellington Law Review 28, no. 4 (August 3, 1998): 611. http://dx.doi.org/10.26686/vuwlr.v28i4.6055.

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The New Zealand Trustee Amendment Act 1988 led the common law world in encouraging (perhaps requiring) trustees to use modern portfolio theory ("MPT") techniques when investing trust funds. A recent High Court decision essentially held that trustees should have engaged in MPT-based investment since 1972. Full integration of MPT principles into trust law affects many areas of trust administration, perhaps most prominently the ancient distinction of principal and income. In addition, renewed attention to careful drafting of a settler's investment and pay out intentions and greater investment diversification are likely consequences of MPT-based trust investing.

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ABEL, GILLIAN M., LISA J. FITZGERALD, and CHERYL BRUNTON. "The Impact of Decriminalisation on the Number of Sex Workers in New Zealand." Journal of Social Policy 38, no. 3 (July 2009): 515–31. http://dx.doi.org/10.1017/s0047279409003080.

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AbstractIn 2003, New Zealand decriminalised sex work through the enactment of the Prostitution Reform Act. Many opponents to this legislation predicted that there would be increasing numbers of people entering sex work, especially in the street-based sector. The debates within the New Zealand media following the legislation were predominantly moralistic and there were calls for the recriminalisation of the street-based sector. This study estimated the number of sex workers post-decriminalisation in five locations in New Zealand: the three main cities in which sex work takes place as well as two smaller cities. These estimations were compared to existing estimations prior to and at the time of decriminalisation. The research suggests that the Prostitution Reform Act has had little impact on the number of people working in the sex industry.

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Aras Kramar, Slađana. "KAKO ZAKONSKI REGULIRATI OBITELJSKU GRUPNU KONFERENCIJU U HRVATSKOJ?" Annual of Social Work 28, no. 1 (July 29, 2021): 205–29. http://dx.doi.org/10.3935/ljsr.v28i1.338.

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HOW TO REGULATE THE FAMILY GROUP CONFERENCE IN CROATIA Taking into account the proclaimed aim of the Strategic Plan of the Ministry of Demography, Family, Youth and Social Policy 2019 − 2021, namely, social empowerment and protection of families, children and young people through enhancing family protection and supporting families at risk as a preventive measure of institutionalisation, this paper seeks to discuss the question of how law and legal forms can be used to strengthen families at risk, activate their resources, create a family group network and plan to address family law conflicts of interest and problems. This is done through determining and analysing the procedure and principles of a family group conference, as an alternative to the administrative and/or judicial one in matters of family law and social protection of children and families. For the purpose of reflection and projection, de lege ferenda, on the family group conference in the field of (administrative and judicial) family law and social protection of family members in Croatia, the New Zealand family group conference model, as a starting point for the development of this procedure, and certain European comparative law systems and good practices (the United Kingdom, the Netherlands, Norway) are analysed and discussed in the paper. In particular, open questions about the »right« to the family group conference, the assessment and criteria for referring family members to the conference, including the fact of initiation of the court procedure or if the proceedings are already pending, as well as the legal force or effectiveness of the plans achieved in the family group conference will be discussed. Key words: family group conference; child, family; social welfare center; court

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Paquette, Jonathan. "From Decolonization to Postcolonial Management: Challenging Heritage Administration and Governance in New Zealand." Public Organization Review 12, no. 2 (June 15, 2011): 127–38. http://dx.doi.org/10.1007/s11115-011-0163-6.

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Uttley, Stephen. "Adapting to Radical Innovation: Accident Compensation in New Zealand." Review of Policy Research 12, no. 1-2 (March 1993): 144–58. http://dx.doi.org/10.1111/j.1541-1338.1993.tb00514.x.

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Harris, Richard, and Trinh Le. "Absorptive capacity in New Zealand firms: Measurement and importance." Science and Public Policy 46, no. 2 (October 16, 2018): 290–309. http://dx.doi.org/10.1093/scipol/scy058.

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Wesener, Andreas, Runrid Fox-Kämper, Martin Sondermann, and Daniel Münderlein. "Placemaking in Action: Factors That Support or Obstruct the Development of Urban Community Gardens." Sustainability 12, no. 2 (January 16, 2020): 657. http://dx.doi.org/10.3390/su12020657.

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The paper examines factors that support or obstruct the development of urban community garden projects. It combines a systematic scholarly literature review with empirical research from case studies located in New Zealand and Germany. The findings are discussed against the backdrop of placemaking processes: urban community gardens are valuable platforms to observe space-to-place transformations. Following a social-constructionist approach, literature-informed enablers and barriers for the development of urban community gardens are analysed against perceived notions informed by local interviewees with regard to their biophysical and technical, socio-cultural and economic, and political and administrative dimensions. These dimensions are incorporated into a systematic and comprehensive category system. This approach helps observe how the essential biophysical-material base of the projects is overlaid with socio-cultural factors and shaped by governmental or administrative regulations. Perceptual differences become evident and are discussed through the lens of different actors.

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WALLIS, JOE, and BRIAN DOLLERY. "Understanding Cultural Changes in an Economic Control Agency: The New Zealand Treasury." Journal of Public Policy 21, no. 2 (May 2001): 191–212. http://dx.doi.org/10.1017/s0143814x01001106.

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A “bureau-shaping model” is adapted to explain how the head of a control agency can shape its culture by agenda-setting, strategic recruitment and engaging staff in “expression games” through which their reputation depends on the impression they develop of competence and commitment to the core beliefs of the agency. The postwar shaping of a “culture of balanced evaluation” at the New Zealand Treasury (NZT) reflected the hegemony of a market failure paradigm. The NZT reinvented itself in the 1980s so that it would be aligned with a reformist advocacy coalition committed to impose and institutionalize a government failure paradigm. The accumulation of a number of threats to the NZT's authority appear to be prompting another reinvention as its current secretary seeks to bring it more into line with the appreciative leadership style of its centre-left government.

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Gover, Kirsty. "Comparative Tribal Constitutionalism: Membership Governance in Australia, Canada, New Zealand, and the United States." Law & Social Inquiry 35, no. 03 (2010): 689–762. http://dx.doi.org/10.1111/j.1747-4469.2010.01200.x.

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In the “self‐governance era” of indigenous‐state relations, there is a growing interest in the first‐order question of tribal governance: who are the members of recognized tribes, and how are they chosen? Tribal constitutions contain formal tribal membership criteria but are not ordinarily in the public domain. This article presents findings from a study of the membership rules used in more than seven hundred current and historical tribal constitutions and codes. It offers a comparative analysis to explain significant differences between North American and Australasian tribal constitutionalism, particularly in the administration of descent, multiple membership, and disenrollment. It advances the argument that tribes self‐constitute in ways that are more relational and less ascriptive than is suggested in current political theory and policy; that existing representations of tribes obscure nontribal expressions of indigeneity, on which tribes depend; and that these expressions should be officially supported in public law and policy.

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Bartlett, Robert V. "Integrated Impact Assessment as Environmental Policy: The New Zealand Experiment." Review of Policy Research 12, no. 3-4 (September 1993): 162–77. http://dx.doi.org/10.1111/j.1541-1338.1993.tb00558.x.

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Kearns, R. A., and J. R. Barnett. "Enter the Supermarket: Entrepreneurial Medical Practice in New Zealand." Environment and Planning C: Government and Policy 10, no. 3 (September 1992): 267–81. http://dx.doi.org/10.1068/c100267.

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New Zealand, like many other capitalist countries, has recently witnessed an increased corporate involvement in medicine. One manifestation of this change has been the entry of medical ‘supermarkets’—multipurpose clinics which juxtapose general practitioners (GPs) and specialists, are company owned, and employ advertising. The authors document the development and implications of these clinics which, although small in number, have induced change in the behaviour of the GP community at large. They conclude that recent developments involve a ‘coming out of the closet’ of a fundamental contradiction in the way general practice is conducted in New Zealand. This is between the role of the caring providers founded on the Hippocratic oath, and that of income-generating business people within an increasingly market-driven society. This contradiction leads to speculation on a broader question: The degree to which competition among primary care provides is possible within fee-for-service and other types of health-care systems.

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Castles, Francis G., and Christopher Pierson. "A NEW CONVERGENCE? Recent policy developments in the United Kingdom, Australia and New Zealand." Policy & Politics 24, no. 3 (July 1, 1996): 233–45. http://dx.doi.org/10.1332/030557396782148499.

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Wallis, Joe. "Conspiracy and The Policy Process: A Case Study of the New Zealand Experiment." Journal of Public Policy 17, no. 1 (January 1997): 1–29. http://dx.doi.org/10.1017/s0143814x0000341x.

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ABSTRACTThis paper advances the concept of a policy conspiracy – perpetrators strive together to steer the policy process in a direction which they believe to be worthwhile and possible. A policy conspiracy is conceived as an exclusive social network of policy participants who commit themselves to the advancement of a policy quest which embodies their shared hopes and who promote one another to positions of influence on the basis of the mutual trust they develop through regular interaction. The degree to which the network of technocrats, technopols and change agents who played a pivotal role in the implementation and consolidation of the ‘New Zealand experiment’ between 1984 and 1993 exhibit these characteristics is considered. By examining the way this policy conspiracy took advantage of a significant window of opportunity for reform, this paper seeks to make a contribution to the literature concerned with the conditions for radical policy reform.

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Tung, Genevieve. "International Trade Law and Information Policy: A Recent History." International Journal of Legal Information 42, no. 2 (2014): 241–92. http://dx.doi.org/10.1017/s0731126500012051.

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In September 2008, the United States Trade Representative (USTR) announced the United States’ intention to join Singapore, New Zealand, Brunei, and Chile in what was then called the Trans-Pacific Strategic Economic Partnership Agreement, a preferential trade agreement. Since then, the agreement has grown in scope and ambition. The negotiations to create what is now known as the Trans-Pacific Partnership (TPP) have expanded to include seven other nations. The USTR wants the TPP to be “an ambitious, next-generation, Asia-Pacific trade agreement that reflects U.S. economic priorities and values.” According to the USTR's webpage dedicated to the agreement, the administration is “working in close partnership with Congress and with a wide range of stakeholders, in seeking to conclude a strong agreement that addresses the issues that U.S. businesses and workers are facing in the 21st century.”

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Vigneron, Sophie. "The Repatriation of Human Remains in France: 20 Years of (Mal)practice." Santander Art and Culture Law Review, no. 2 (6) (2020): 313–38. http://dx.doi.org/10.4467/2450050xsnr.20.022.13025.

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This article analyses three cases of repatriation of human remains by French public museums in order to critically examine the difficulties in the changing institutional practice. It critically ssesses the statutory and administrative processes that have been used to repatriate human remains and identifies the difficulties that have been and are mostly still encountered. Firstly, it evaluates the public/private conundrum of ownership of human remains in French law, which explains why Parliament had to intervene to facilitate the repatriation of remains in public museum collections, whereas a private society could repatriate the skulls of chief Ataï and his doctor to New Caledonia without legal difficulties. Secondly, it reviews the need for parliamentary intervention for the repatriation of the remains of Saartjie Baartman to South Africa and several Mokomokai to New Zealand. Finally, it criticizes the administrative deadlock that has prevented the development of a repatriation practice that could have b en established after the successful repatriation of the remains of Vamaica Peru to Uruguay. Unfortunately, the process has remained opaque and ineffective, owing to a variety of factors; in particular the ambiguity regarding the role of the Commission scientifique nationale des collections, which is set to be abolished and whose role will be undertaken by the Haut conseil des Musées de France, and a lack of political, financial, and structural support from the Ministry of Culture. Until these shortcomings are addressed and clear criteria for repatriation are drawn up, it is unlikely that France will develop a coherent, transparent, and effective process for the repatriation of human remains.

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Robson, Michelle, Jon Maskill, and Warren Brookbanks. "Doctors Are Aggrieved—Should They Be? Gross Negligence Manslaughter and the Culpable Doctor." Journal of Criminal Law 84, no. 4 (August 2020): 312–40. http://dx.doi.org/10.1177/0022018320946498.

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Doctors may also be criminals. Mercifully, this is a rare event but no health professional is infallible, mistakes happen and the challenge is to distinguish inadvertence from wilful disregard for the consequences. Healthcare professionals are uneasy about the readiness of the current law to attribute criminal responsibility accompanied by a failure to recognise the highly pressurised context in which sub-standard practice occurs. This article argues that the offence of gross negligence manslaughter is improperly defined and fails to target those doctors whom society should criminalise. Alternatives to gross negligence manslaughter to include culpable homicide adopted in Scotland and the major departure test favoured by New Zealand are considered before advocating a more radical approach—the sliding scale of negligence. Using existing tests in civil and administrative law, a more objective test of gross negligence is proposed, with culpability as a mandatory requirement for a doctor to be convicted of a crime. It is contended the law must move away from the stance a patient’s death is required for medical negligence to become a crime, an outcome bias, to a conduct biased offence. There is no underlying reason why culpable gross negligence causing serious harm should not also be subject to criminal sanction. The recent sentencing guidelines demonstrate the law is sophisticated enough to distinguish reprehensible conduct from careless behaviour. It is now time for the legal test to also acknowledge all the circumstances of the alleged crime.

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Journal articles on the topic 'Administrative law – New Zealand'

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