Journal articles: 'New Zealand contracts'

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Butler, Petra. "Celebrating Anniversaries." Victoria University of Wellington Law Review 36, no. 4 (December 1, 2005): 775. http://dx.doi.org/10.26686/vuwlr.v36i4.5616.

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This article is a summary of the symposium on the Convention on Contracts for the International Sale of Goods ('CISG') in 2005, held in Wellington. The aim of the symposium was to re-familiarise New Zealand's legal community with a part of contract law which seems to have been forgotten or, even worse, which had never gotten into the conscience of New Zealand's legal profession. The first part of the symposium involved the makeup of the CISG and concerns regarding potential barriers to international change. However, the author argues that the symposium papers make clear New Zealand businesses and lawyers should not need to be afraid to choose CISG for their international contracts. The second part of the symposium covered the practical application of the CISG in the day to day business of a lawyer advising his/her client. The author concludes that the seminar papers show New Zealand businesses can only gain from using the CISG as their law for international commercial contracts.

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Williams, C. "New Zealand GPs divide over contracts." BMJ 311, no. 7017 (November 25, 1995): 1387. http://dx.doi.org/10.1136/bmj.311.7017.1387.

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Wellik, Sid. "Enforcing Wagering Contracts." Victoria University of Wellington Law Review 29, no. 2 (April 1, 1999): 371. http://dx.doi.org/10.26686/vuwlr.v29i2.6030.

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In Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548, 560 (HL), Lord Goff stated that placing a bet is in law a gift and that when winnings are paid a gift is received. New Zealand legislation excludes contractual enforcement of wagering transactions, except in licensed casinos. This article explores whether Lord Goff's analysis and current New Zealand legislation are an appropriate legal state of affairs for gaming transactions. In doing so, the author looks at the Department of Internal Affairs' Review of Gaming – A Discussion Document 1995 and concludes that the new policy directions in making gaming contracts enforceable encourages rights of redress for the consumer.

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Frankel, Susy. "The Uncertain Doctrine of Part Performance." Victoria University of Wellington Law Review 42, no. 1 (May 2, 2011): 37. http://dx.doi.org/10.26686/vuwlr.v42i1.5403.

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This article is about the doctrine of part performance and its application in New Zealand's law of contract. In order to be enforceable contracts for the disposition of land must be in writing and must be signed by the person against whom the contract is enforced. Where these requirements have not been met the courts have evolved the doctrine of part performance to enable a contract to be enforceable where that is equitable. This article outlines the doctrine of part performance as found in New Zealand and argues that it is so uncertain that its existence does not benefit litigants or would be litigants. The article concludes that the difficulties with the doctrine of part performance mean that it is not a clear and effective mechanism again the misuse of the writing requirement and, therefore, adds to other reasons to repeal the writing requirement for contracts for the sale of land.

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Finnie, David, and Naseem Ameer Ali. "The New Zealand Construction Contracts Amendment Act 2015 - For Better or Worse?" Construction Economics and Building 15, no. 4 (November 23, 2015): 95–105. http://dx.doi.org/10.5130/ajceb.v15i4.4544.

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Adjudication has been statutorily introduced as an alternative dispute resolution method in 14 jurisdictions including New Zealand. Whilst adjudication under the New Zealand Construction Contracts Act 2002 has been hailed a success, further refinements were proposed in the Construction Contracts Amendment Bill first published in 2013. As part of the legislative process, 48 submissions were made to the Commerce Committee. There was general support for most of the amendments, but some parties expressed concerns on some of the changes. A documentary analysis of the Amendment Bills and submissions to the Commerce Committee was made to critically evaluate the changes proposed and establish if they were improvements. The findings show the major changes proposed include (i) removing most of the distinctions between the treatment of residential and commercial contracts under the Act, (ii) extending the scope of the Act to apply to contracts for certain professional services, (iii) removing the distinction between enforcement of payment determinations and of those relating to rights and obligations, and (iv) making the enforcement process more efficient. The findings also show that during a period of over two years from when the Bill was first introduced in January 2013, one other significant improvement for retentions to be held in trust was made. A few proposals to further refine the Bill such as the suggestion to mandate retentions to be kepts in a separate trust account were however not accepted. The Construction Contract Amendment Bill (Bill 97-3) was uninanimously passed during the third and final reading in Parliament on 20 October 2015 with most of the amendments coming into force on 1 December 2015, those incorporating professional services on 1 September 2016, and the retention provisions on 31 March 2017. Royal assent was given on 11 October 2015 leading to the enactment of the Construction Contracts Amendment Act 2015.

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6

Wetzel, Kurt. "Harbridge, Raymond, ed., Employment Contracts: New Zealand Experiences." Relations industrielles 48, no. 4 (1993): 793. http://dx.doi.org/10.7202/050909ar.

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Ji, Cong, Jasper Mbachu, and Niluka Domingo. "Factors influencing the accuracy of pre-contract stage estimation of final contract price in New Zealand." International Journal of Construction Supply Chain Management 4, no. 2 (December 31, 2014): 51–64. http://dx.doi.org/10.14424/ijcscm402014-51-64.

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Establishing and prioritising the factors that may influence the final contract price when responding to a call for tenders is crucial for proper risk analysis and reliable forecasting; it could make or mar the ability to achieve expected profit margin in an era of lump sum fixed price contracts where clients often contest variation claims. In New Zealand, these factors have not been researched; hence estimators rely only on judgement to ‘guess-estimate’ in their price forecasting. This study aimed to fill the knowledge gap by investigating the priority factors. 150 responses from professional members of the New Zealand Institute of Quantity Surveyors were analysed using multi-attribute method. Results showed thirty-seven factorswhich could influence the final contract price; the three most influential being poor tender documentation, complexity of design & construction, and completeness of project information. Other factors relating to project, client and contractor characteristics, design consultants and tendering conditions, estimating practice and external factors were reported. Concordance analysis indicated high level of agreement amongst survey participants in the rank-ordering of the relative importance of the identified factors. The findings could assist quantity surveyors to prepare more reliable contract price estimates at the pre-contract stage. It would also improve construction-stage cost control.

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Roberts, Marcus. "Variation contracts in Australia and New Zealand: whither consideration?" Oxford University Commonwealth Law Journal 17, no. 2 (July 3, 2017): 238–64. http://dx.doi.org/10.1080/14729342.2017.1360604.

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9

Harbridge, R., and S. McCaw. "The Employment Contracts Act 1991: New Bargaining Arrangements in New Zealand." Asia Pacific Journal of Human Resources 29, no. 3 (March 1, 1992): 5–26. http://dx.doi.org/10.1177/103841119202900301.

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10

Lovell, Sarah, Richard Egan, Lindsay Robertson, and Karen Hicks. "Health promotion funding, workforce recruitment and turnover in New Zealand." Journal of Primary Health Care 7, no. 2 (2015): 153. http://dx.doi.org/10.1071/hc15153.

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INTRODUCTION: Almost a decade on from the New Zealand Primary Health Care Strategy and amidst concerns about funding of health promotion, we undertook a nationwide survey of health promotion providers. AIM: To identify trends in recruitment and turnover in New Zealand's health promotion workforce. METHODS: Surveys were sent to 160 organisations identified as having a health focus and employing one or more health promoter. Respondents, primarily health promotion managers, were asked to report budget, retention and hiring data for 1 July 2009 through 1 July 2010. RESULTS: Responses were received from 53% of organisations. Among respondents, government funding for health promotion declined by 6.3% in the year ended July 2010 and health promoter positions decreased by 7.5% (equalling 36.6 full-time equivalent positions). Among staff who left their roles, 79% also left the field of health promotion. Forty-two organisations (52%) reported employing health promoters on time-limited contracts of three years or less; this employment arrangement was particularly common in public health units (80%) and primary health organisations (57%). Among new hires, 46% (n=55) were identified as Maori. DISCUSSION: Low retention of health promoters may reflect the common use of limited-term employment contracts, which allow employers to alter staffing levels as funding changes. More than half the surveyed primary health organisations reported using fixed-term employment contracts. This may compromise health promotion understanding, culture and institutional memory in these organisations. New Zealand's commitment to addressing ethnic inequalities in health outcomes was evident in the high proportion of Maori who made up new hires. KEYWORDS: Employment; health policy; health promotion; public health; workforce

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11

Anderson, Gordon, Peter Brosnan, and Pat Walsh. "Flexibility, Casualization and Externalization in the New Zealand workforce." Journal of Industrial Relations 36, no. 4 (December 1994): 491–518. http://dx.doi.org/10.1177/002218569403600403.

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The New Zealand Employment Contracts Act was introduced in 1991 to make the labour market more flexible. However, it is far from clear that the New Zealand labour market was inflexible. This paper represents the results of a survey of employers which was conducted when the Employment Contracts Act was conting into effect. The paper finds that the labour market was not inflexible and that employers had been able to successfully casualize and externalize labour under the pre-existirzg legal environment. The study finds further that the employer pursuit of flexibility was not part of an unrelenting drive to achieve new forms of work but was, in general, an opportunistic reaction to recession. Furthermore, employers anticipate that growth in employment, when it comes, will be in perma nent full-time jobs rather than in casual or externalized employment.

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12

Michelson, Grant. "New Zealand under the Employment Contracts Act 1991: Career attitudes." Labour & Industry: a journal of the social and economic relations of work 5, no. 3 (October 1993): 137–55. http://dx.doi.org/10.1080/10301763.1993.10669122.

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13

Beggs, J. M. "Research for the Upstream Petroleum Sector: The Crown Research Institute Concept." Energy Exploration & Exploitation 13, no. 2-3 (May 1995): 245–52. http://dx.doi.org/10.1177/0144598795013002-313.

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New Zealand's scientific institutions have been restructured so as to be more responsive to the needs of the economy. Exploration for and development of oil and gas resources depend heavily on the geological sciences. In New Zealand, these activities are favoured by a comprehensive, open-file database of the results of previous work, and by a historically publicly funded, in-depth knowledge base of the extensive sedimentary basins. This expertise is now only partially funded by government research contracts, and increasingly undertakes contract work in a range of scientific services to the upstream petroleum sector, both in New Zealand and overseas. By aligning government-funded research programmes with the industry's knowledge needs, there is maximum advantage in improving the understanding of the occurrence of oil and gas resources. A Crown Research Institute can serve as an interface between advances in fundamental geological sciences, and the practical needs of the industry. Current publicly funded programmes of the Institute of Geological and Nuclear Sciences include a series of regional basin studies, nearing completion; and multi-disciplinary team studies related to the various elements of the petroleum systems of New Zealand: source rocks and their maturation, migration and entrapment as a function of basin structure and tectonics, and the distribution and configuration of reservoir systems.

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14

Finnie, David. "Contract delay: what is it and how are we performing?" Construction Economics and Building 12, no. 1 (February 26, 2012): 83–91. http://dx.doi.org/10.5130/ajceb.v12i1.2474.

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AbstractThis paper examines the management of contract delays in the construction industry as currently practised, and suggests some best practice alternative methods.Research results about the level of contractor’s time management skills were analysed to determine the related impact on their ability to manage contract delays. A comparison was made between three conditions of contracts used in New Zealand to determine how delay management should be managed with a discussion about how the different contract conditions distribute risk among the parties. Recommendations were made to improve contract conditions, up-skill industry practitioners and ensure student graduates have adequate delay management skills.

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15

Roberts, Marcus. "The Formation of Variation Contracts in New Zealand: Consideration and Estoppel." Victoria University of Wellington Law Review 47, no. 2 (September 1, 2016): 327. http://dx.doi.org/10.26686/vuwlr.v47i2.4802.

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This article will review the current New Zealand approach to the formation of variation contracts. In particular, it will critique the current position taken by the Court of Appeal that either: a practi-cal benefit can be good consideration;, or consideration is not needed for variation agreements. The article will then explore some of the implications of using estoppel as an alternative basis to enforce variation agreements when consideration has not been provided by the promisee.

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16

Harbridge, Raymond, and Kevin Hince. "Bargaining and Worker Representation under New Zealand's Employment Contracts Legislation : A Review After Two Years." Articles 49, no. 3 (April 12, 2005): 576–96. http://dx.doi.org/10.7202/050960ar.

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This paper examines the significant shift in the central philosophic and léegislative base of labour relations in New Zealand since the adoption of the Labour Relations Act in 1987 and the Employment Contracts Act in 1991. It reports two empirical studies. The first examines the collective bargaining System. The second study reports the structure and membership of trade unions in New Zealand in this new environment.

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17

Leitch, Shirley, and Juliet Roper. "AD Wars: Adversarial Advertising by Interest Groups in a New Zealand General Election." Media International Australia 92, no. 1 (August 1999): 103–16. http://dx.doi.org/10.1177/1329878x9909200112.

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During New Zealand's 1996 general election, neo-liberal employment law became the subject of two opposing advertising campaigns. Although the campaigns confined themselves to a single piece of legislation, the Employment Contracts Act, they reflected a deep division within New Zealand society. This article examines the two campaigns which were run by the Engineers' Union and the Employers' Federation. At its core, the Engineers' campaign was a defence of collectivism both in terms of the values underlying trade unionism and, more broadly, of Keynesian social democracy, whereas the Employers' Federation campaign championed the ethic of individualism within a free-market economy. Such a clear ideological positioning was absent from the campaigns of the major political parties who fought for the middle ground during New Zealand's first proportional representation election. This article, then, examines how interest groups used network television to confront voters with a stark choice between an unasked-for neo-liberal present and an apparently discredited Keynesian past.

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18

Bigwood, Rick. "Ill-Gotten Contracts in New Zealand: Parting Thoughts on Duress, Undue Influence and Unconscionable Dealing – Kiwi-Style?" Victoria University of Wellington Law Review 42, no. 1 (May 2, 2011): 83. http://dx.doi.org/10.26686/vuwlr.v42i1.5407.

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This article considers the private-law doctrines of duress, undue influence and unconscionable dealing as they have feared at the hands of New Zealand's judiciary. It speculates, necessarily briefly, on whether there is anything distinctively "Kiwi" about the courts' formulation of and approach to those three doctrines in New Zealand, whether individually or as a related set. It concludes that because New Zealand's courts have borrowed from different, and not entirely consistent, jurisprudential sources of inspiration in relation to the development of each of the subject doctrines, what has resulted is a suite of exculpatory doctrines that are not as intellectually coordinated as they could and should be.

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19

McLean, Janet M. "For a Law of Public Contract Per Se: An Intervention from Liberal Contract Theory." Oxford Journal of Legal Studies 39, no. 4 (2019): 856–77. http://dx.doi.org/10.1093/ojls/gqz023.

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Abstract Judges in judicial review cases in New Zealand and the UK currently begin with the presumption that the existence of a contract means that the matter should be treated as a private law one—at least in the absence of a special ‘public element’. This article argues that all contracts with government entities should be treated as presumptively public. Such a position can be justified by recourse to liberal contract theory. Arthur Ripstein’s Kantian theory identifies the critical role of the state in securing the background conditions for the operation of private law. These are unsettled when a government entity is one of the parties to a contract.

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20

Poskitt, Russell. "The pricing of bank bill futures and FRA contracts in New Zealand." Accounting and Finance 38, no. 2 (November 1998): 245–64. http://dx.doi.org/10.1111/1467-629x.00012.

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21

Nottage, Luke. "Form and Substance in US, English, New Zealand and Japanese Law: A Framework for Better Comparisons of Developments in the law of Unfair Contracts." Victoria University of Wellington Law Review 26, no. 2 (May 1, 1996): 247. http://dx.doi.org/10.26686/vuwlr.v26i2.6167.

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There was talk of change in the law of contract in the United States, England, New Zealand and Japan in the 1990s. Often this was linked to broader trends of internationalisation. This article builds on the "form-substance" framework proposed by Atiyah and Summers, focusing on the fine print doctrine, the duty of good faith, and the law of unconscionability and undue influence. It argues that developments in these areas of contract law, which control unfair contracts, tend to be consistent with the overall orientation of each national legal system. This suggests that counter-systemic developments in each legal system's contract law will be met by more resistance than expected. Further, those overall orientations are not necessarily convergent, and this is likely to affect the impact of international developments in contract law on each legal system.

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22

Anderson, Gordon. "Employment Rights in an Era of Individualised Employment." Victoria University of Wellington Law Review 38, no. 3 (November 1, 2007): 417. http://dx.doi.org/10.26686/vuwlr.v38i3.5530.

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On 7 August 2007, Gordon Anderson delivered his inaugural lecture after becoming a professor in the Law Faculty of Victoria University of Wellington. Gordon took as his theme the protection of employees employed on an individual contract of employment. Following the repeal of the award system by the Employment Contracts Act 1991 the majority of New Zealand employees ceased to be covered by collectively negotiated instruments. Instead the contract of employment became dominant. The lecture argued that the common law contract of employment provides little protection for employees. Instead protection depends on some critical statutory interventions that provide a degree of balance within the employment relationship. While not perfect, these protections may be the best that can be expected in the real world of employment.

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McNeill, M. R., P. J. Addison, J. R. Proffitt, C. B. Phillips, and S. L. Goldson. "Microctonus hyperodae a summary of releases and distribution in New Zealand pasture." New Zealand Plant Protection 55 (August 1, 2002): 272–79. http://dx.doi.org/10.30843/nzpp.2002.55.3952.

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The braconid parasitoid Microctonus hyperodae was released in New Zealand for biological control of Argentine stem weevil Listronotus bonariensis The initial 1991 research introduction involved the release of 99000 parasitised L bonariensis Between 1991 and 1998 a further 660000 M hyperodae were released as part of commercial contracts and research programmes Commercial contracts resulted in the widespread release of the parasitoid in the North Island with South Island releases mainly confined to midCanterbury There were eight geographic populations originally collected from South America and these were maintained separately in the laboratory Excluding the Mendoza population which was founded on a single female an average of 91040 M hyperodae was released from each of the seven remaining populations Parasitised L bonariensis were released at a total of 121 sites and the parasitoid established at 118 (975) Based on the distribution of releases in New Zealand and the results of surveys it is estimated that M hyperodae is now very widely distributed in the North Island with more limited distribution in the South Island

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24

Harbridge, Raymond, and James Moulder. "Collective Bargaining and New Zealand's Employment Contracts Act: One Year On." Journal of Industrial Relations 35, no. 1 (March 1993): 62–83. http://dx.doi.org/10.1177/002218569303500104.

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Thefirst year of bargaining under New Zealand's Employment Contracts Act brought some very significant changes to the nature and structure of bargaining outcomes. This paper reports a major study of collective bargaining outcomes. Collective bargaining is the preferred option for 80 per cent of employers with fifty or more staff; however, the number of workers covered by collective bargains in New Zealand dropped from 721 000 in 1989-90 to an estimated 440 000 by 1991-92. The collapse of collective bargaining did not occur evenly across industries. Significant collapses happened in agriculture, food and beverage manufacturing, the textile and clothing industry, the paper and printing industry, building and construction, retailing, restaurants and hotels and the transport industry. Collective bargaining retains a strong foothold in the electricity and gas production sector, the public sector, the finance sector, the communication industry and the basic and advanced metal manufacturing sectors. A content analysis of 471 collective employment contracts (covering nearly 130 000 workers) settled in the first year of the new legislation is reported here. The data show a wide dispersion of wage settlements as the comparative wage justice system collapses; about half of the workers in the sample, however, received either a wage decrease or no increase over the preceding settlement. Important changes to working time arrangements have been negotiated and these are reported along with other content changes to working time and leave arrangements.

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Brook Cowen, Penelope J. "Labor relations reform in New Zealand: The employment contracts act and contractual freedom." Journal of Labor Research 14, no. 1 (March 1993): 69–83. http://dx.doi.org/10.1007/bf02685538.

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26

Whittington, Nicholas. "Reconsidering Domestic Sale of Goods Remedies in Light of the CISG." Victoria University of Wellington Law Review 37, no. 3 (September 1, 2006): 421. http://dx.doi.org/10.26686/vuwlr.v37i3.5576.

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This article suggests that New Zealand should overhaul the remedies available for breach of sale of goods contracts. It argues that the Sale of Goods Act 1908 should be repealed and the principles and provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) should be adopted in its place. This would have the effect of eliminating the unnecessary distinction currently made between domestic and international sale of goods, and finally ridding the law of the condition-warranty distinction which has become out of date and leads to uncertainty and injustice. It is argued that the provisions of the CISG better respond to the transportation and communication costs and distances involved in international sales, considerations which are not insignificant in trade within New Zealand and, consequently, justify a similar approach domestically.

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Lu, Dylan, Shuichi Suetani, Jimsie Cutbush, and Stephen Parker. "Supervision contracts for mental health professionals: a systematic review and exploration of the potential relevance to psychiatry training in Australia and New Zealand." Australasian Psychiatry 27, no. 3 (May 13, 2019): 225–29. http://dx.doi.org/10.1177/1039856219845486.

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Objective: The use of formal supervision contracts has been strongly advocated across non-medical mental health professions. However, the use of such agreements is not a feature of the RANZCP Competency-Based Fellowship Program. This paper critically examines the evidence to support the use of formal supervision contracts. Method: A systematic review of empirical studies relating to the outcomes of supervision contracts was completed. Included records were subject to quality appraisal. Results: Two studies met the inclusion criteria; both were assessed to be of poor quality. One study found improved supervision effectiveness associated with the use of supervision contracts, and the other found no significant differences associated with formal contracting. Conclusion: Despite strong advocacy, limited empirical evidence was found to support the value of formal supervision contracts across mental health professions. PROSPERO registration - PROSPERO 2018 CRD42018104142

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Baylis, Claire. "The Appropriateness of Conciliation/Mediation for Sexual Harassment Complaints in New Zealand." Victoria University of Wellington Law Review 27, no. 4 (December 1, 1997): 585. http://dx.doi.org/10.26686/vuwlr.v27i4.6102.

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In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.

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Boyd, Haleigh, Lewis Evans, and Neil Quigley. "Efficiency of Contractual Arrangements in Private Agricultural Product Markets." Victoria University of Wellington Law Review 31, no. 4 (November 1, 2000): 813. http://dx.doi.org/10.26686/vuwlr.v31i4.5937.

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The electronic and information revolution is changing virtually all aspects of economic and social life, no more so than in the ability of firms of all sizes to make their mark in production and exporting. The ready access to vast information and the lower costs that now attend dealing with other firms have opened opportunities that never before would have been cost-effective at the individual firm level. These firms have to contract with other firms for all sorts of purposes. Because of the small size of agricultural and horticultural producers and special problems of seasonal production, variability in production and price, and product perishability, some of the most challenging contracts are in this sector.Co-operatives provide a vehicle for the vertical integration of production and processing in agriculture. The producers provide capital for and control the processing entity so that their interests are aligned. Returns to producers bundle together the commodity price and the return from the capital invested in processing.Many of the agricultural product markets in New Zealand operate within this co-operative structure, and in the case of the dairy industry, it is supported by statute. The forestry, wine and processed vegetable industries are notable exceptions in that these industries employ contracts between producers and processors as an alternative to vertical integration via co-operatives.In this article, we use examples of contracts between producers and processors in the forestry, wine and processed vegetable markets to consider the extent to which contracts may provide efficient vehicles for the alignment of interests between producers and processors in agricultural markets. We consider the ways in which these contracts:â€¢Minimise transaction costs;â€¢Use incentive mechanisms and monitoring to limit opportunism;â€¢Allocate risk;â€¢Facilitate investment in specific assets; andâ€¢Allocate property rights.We assess the implications of the annual crop cycles and perishability of grapes and vegetables with the longer crop cycles of forestry. We conclude that contracts appear to be viable alternatives to co-operative structures, even in the market for perishable agricultural products.

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McLay, Geoff. "The Problem with Suing Sovereigns: Sloman (1876)." Victoria University of Wellington Law Review 41, no. 3 (November 1, 2010): 403. http://dx.doi.org/10.26686/vuwlr.v41i3.5222.

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In Sloman v The Governor and Government of New Zealand the plaintiff attempted to sue the New Zealand Government for failing to make good on emigration contracts concluded in Europe. This article analyses the decision in Sloman, that the New Zealand government could not be sued in English courts, both within its own historical context and with respect to 19th century concerns over the general inability of the Crown to be sued. The article points to archival documents which show that the New Zealand Government itself was concerned, in the wake of the earlier loss of the Cospatrick, as to its own ability to recover the passage monies it had paid, and whether that recovery might be prevented by a lack of legal personality in the English Courts. The article concludes that while Sloman is an important case in its own right, there is also a need for greater investigation of both the practical and theoretical legal difficulties that faced the New Zealand Government in its development and immigration projects of the 1870s.

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Austin, Graeme W. "Essay: Family Law and Civil Union Partnerships - Status, Contract and Access to Symbols." Victoria University of Wellington Law Review 37, no. 2 (July 1, 2006): 183. http://dx.doi.org/10.26686/vuwlr.v37i2.5565.

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This essay locates New Zealand's civil union legislation within the dynamic between "status" and "contract" that animates modern family law. "Status" concerns who we are; "contract" concerns the transactions we can enter. Because family law is concerned with affective relationships, it cannot apprehend people only as the atomised individuals anticipated by the modernist emphasis on contractual relations. Family law acknowledges the relevance to legal issues of "messy" issues of personality. Among the most complex and powerful aspects of personality with which the law concerns itself is love. Love affects who we are and law affects what love can be. Law provides and constrains the symbolic repertoire that helps organise the way we think about our affective relationships. The enactment of civil union legislation was an enormously positive step. However, by continuing to deny homosexuals the ability to marry, the New Zealand state persists in denying homosexuals a key part of the symbolic repertoire that is relevant to the way people in love can conceptualise their relationships. The transactions the state permits us to enter, particularly transactions that are expressions of love, affect the construction of our identities, illustrating once again the deep links that exist between who we are and the contracts we can enter.

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Handy, Jocelyn, Dianne Gardner, and Doreen Davy. "Relational Expectations and Transactional Obligations: Incompatible Psychological Contracts and Triadic Employment Relationships." SAGE Open 10, no. 2 (April 2020): 215824402093267. http://dx.doi.org/10.1177/2158244020932672.

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This research investigated the triangular employment relationship between organizations, temporary staffing agencies, and clerical temporary workers using the conceptual framework of the psychological contract. The rapid growth in triadic employment relationships is well documented; however, there is limited research into the interlocking psychological contracts between the three parties. This research advances our understanding of the mechanisms underlying triangular psychological contracts by drawing attention to the ways in which people’s beliefs concerning their own obligations toward others may be incommensurate with their expectations of other parties. Findings are based on semistructured interviews with 10 client organization representatives, 10 staffing agency consultants, and 20 female clerical temporaries working in Auckland, New Zealand. The interviews revealed that the three sets of participants held mutually incompatible expectations, which were shaped by their differing positions and power bases within the temporary labor market. Each group expected, or wanted, the other parties to behave toward them as if a relational psychological contract existed but perceived their obligations toward others in more transactional terms. In consequence, the expectations, goals, and actions of the three sets of participants often conflicted, creating a range of adverse outcomes, which were unintended by, and problematic for, each group within the triangular employment relationship.

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Hope, Wayne. "REVIEW: Little light shed on a dark and restrictive era of media criticism." Pacific Journalism Review : Te Koakoa 9, no. 1 (September 1, 2003): 187–89. http://dx.doi.org/10.24135/pjr.v9i1.769.

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Review of Can we talk about the news? A discussion of media criticism in New Zealand, by Jane Dunbar. NZ Journalism Monographs, No3, Department of Mass Communication and Journalism, University of Canterbury. In this monograph, Jane Dunbar interviews news journalists and media commentators about the quality of media criticism in New Zealand. This is certainly a pertinent theme for research. Dunbar's interviewees point out that local scrutiny of the news media is difficult to sustain. Thus, journalists within coporate media are unlikely to comment upon ownership patterns, within all media organisations unbiquitous advertising contracts available news space.

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Butler, Andrew S. "Is this a Public Law Case?" Victoria University of Wellington Law Review 31, no. 4 (November 1, 2000): 747. http://dx.doi.org/10.26686/vuwlr.v31i4.5935.

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This article is a revised and updated version of a paper presented at the New Zealand Law Society Intensive on Public Law in September 1998. In it, Andrew Butler demonstrates the breadth of the concept of "public law" by investigating the application provision of the New Zealand Bill of Rights Act 1990 and the field of activity susceptible to public law judicial review. He concludes that nowadays a public law case can arise in settings (such as the formulation of common law private law, the interpretations of statutory private law, commercial contracts of public entities, regulatory acts of private bodies) far removed from those traditionally thought of as public law ones.

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Fulcher, Leon, Raymond Harbridge, and Beverley Robinson. "The Dilemma Of Care: “Partial” Lockouts, Employment Contracts And Community Social Services In New Zealand." Labour & Industry: a journal of the social and economic relations of work 6, no. 1 (October 1994): 49–66. http://dx.doi.org/10.1080/10301763.1994.10669127.

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Holubieva, Viktoriia, Liliia Nevara, Serhiy Savchuk, Andriy Detiuk, and Valerii Tatsiienko. "International experience on the improvement of national management technology and legal regulation of public contracts." Revista de la Universidad del Zulia 12, no. 32 (January 29, 2021): 460–85. http://dx.doi.org/10.46925//rdluz.32.27.

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The objective of the research is to study the global experience of the legal regulation and organization of public procurement (from a not only legal but also a technological perspective), which should be the basis for suggestions to improve the legal regulation mechanism for procurement public in Ukraine. For the implementation of the comparative legal part of the study, normative legal acts and acts of official interpretation of the legal systems of the following states, as well as related scientific and scientific-practical materials, were used: USA, Australia, New Zealand, Japan, Switzerland, South Korea, United Kingdom, Japan, Egypt, Canada, Malaysia, Israel, India, Argentina, Australia, New Zealand. The unification of electronic public procurements systems remains to be a topical and unresolved task for the WTO GPA member countries. The experience of some countries in encouraging small and medium-sized enterprises in electronic public procurement is considered progressive and positive. We consider it necessary to adopt the experience of the USA, Israel, China countries and accelerate the adoption of laws in Ukraine to support national producers.

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Perry, L. J. "Do Workplace Contracts Harm Labour Productivity Growth? A Reconsideration of the Macroeconomic Evidence from New Zealand." Australian Economic Review 39, no. 4 (December 2006): 359–75. http://dx.doi.org/10.1111/j.1467-8462.2006.00426.x.

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Leonard, Conor, and Herbert C. Biggs. "The Delivery of Equipment and Home Adaptations to People with Disabilities in New Zealand: A Review of an Innovative Model of Service Provision." British Journal of Occupational Therapy 59, no. 12 (December 1996): 583–86. http://dx.doi.org/10.1177/030802269605901213.

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A new model of service delivery for people with disabilities in the community has emerged in New Zealand. Health purchasing authorities were given responsibility for the delivery of all services to this group. Responsibility for the delivery of assistive devices and adaptations was put out to tender. The New Zealand Disability Resource Centre Ltd formed the Equipment Management Service (EMS) which won the majority of contracts. In conjunction with the health authority, it has produced a comprehensive service manual. Professionals apply to be providers of categories of equipment and/or adaptations. Once accepted, they have autonomy to purchase equipment or adaptations to set monetary limits. Retailers of equipment must be registered, which involves making service quality commitments. This model may result in more efficient use of available professionals, but the practical difficulties of administration may be overwhelming. It should be monitored closely to Judge whether the possible benefits are realised.

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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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Bickley, Joy. "The Limits of Language: ethical aspects of strike action from a New Zealand Perspective." Nursing Ethics 4, no. 4 (July 1997): 303–12. http://dx.doi.org/10.1177/096973309700400406.

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Over the last decade, successive New Zealand governments have instituted social, political and economic changes that have fundamentally challenged nurses’ sense of themselves and their position in society. Major upheavals in the health service have occurred as a result of reforms promoting competition and contestability. This paper deals with the impact of one aspect of the reforms, that of the deregulation of the labour market through the Employment Contracts Act 1991. More specifically, the way in which discussions and decisions regarding the withdrawal of nursing labour are shaped by the language available to those involved are considered. The intersection of ethics and union discourses may exacerbate feelings of ambiguity and confusion in nurses facing strike action. The result can be unnecessary and unproductive division and conflict: among nurses, between employers and employees, between unions, between nurses and the public, and between nursing organizations and the Government. An examination of some of the discourses of strike action may serve as a tool to elucidate the way nurses see themselves and their clients in the context of social change and social action.

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Thompson, Peter. "Wired-up or Wind-up? The Political Economy of Broadband Policy in New Zealand/Aotearoa." Media International Australia 151, no. 1 (May 2014): 146–56. http://dx.doi.org/10.1177/1329878x1415100119.

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Government policy has played a crucial role in driving the development of broadband technology in New Zealand, but this has evidently been shaped by the interplay of different ministerial imperatives and rationales under different administrations. The Labour-led government's 2005 Digital Strategy primarily aimed at increasing consumer uptake of basic broadband to overcome the ‘digital divide’. This evolved into the more ambitious 2008 Digital Strategy 2.0 which, consistent with Labour's ‘third way’ philosophy, focused both on grassroots community engagement and economic goals (involving both the Ministry for Culture and Heritage and the Ministry of Economic Development). However, the election of the National-led government later in 2008 brought a shift in the principles and outcomes driving broadband policy. National's Ultra-Fast Broadband initiative has seen NZ$1.35 billion allocated to telecommunications companies that won contracts to develop a nationwide fibre-optic infrastructure. The political rationale more strongly reflects macro-economic imperatives informed primarily by the revamped Ministry for Business, Innovation and Employment. This more commercial policy orientation has nevertheless led the government into some complex and contradictory positions, particularly with respect to its reluctance to insulate the UFB initiative from demands to re-regulate the media sector in response to convergence and competition issues. Taking a critical institutionalist approach and drawing on evidence from key policy documents and interview data with policy actors, this analysis outlines several policy tensions underpinning the shifts in New Zealand's telecommunications and broadband policy between 2005 and 2013.

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Macris, Luke I., and Michael P. Sam. "Belief, Doubt, and Legitimacy in a Performance System: National Sport Organization Perspectives." Journal of Sport Management 28, no. 5 (September 2014): 529–50. http://dx.doi.org/10.1123/jsm.2012-0290.

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With growing governmental involvement in sport, there has been a corresponding demand on national sport organizations (NSOs) to operate within performance measurement systems. In this study, we analyze data from New Zealand to determine NSO officials’ perceptions of (a) their reporting relationship with the central agency (Sport and Recreation New Zealand), and (b) the system of performance contracts (or “investment schedules”). Following Norman (2002), we found differing perceptions regarding the legitimacy of performance systems and three tensions emerged. First, the clarity of focus enabled by performance measurement was tempered by the perception of an ever-changing political environment. Second, NSO officials acted strategically and opportunistically at times, marshalling arguments around performance measures to “capture” their principal. Third, neither trust nor distrust in the system necessarily translated into compliance; some NSOs sought independence from the system. This research speaks to the legitimacy of performance systems, a significant but tenuous element to their sustainability.

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Farmer, Kelsey Brooke. "Regulation of Prediction Markets Under the Financial Markets Conduct Act 2013." Victoria University of Wellington Law Review 46, no. 1 (July 1, 2015): 137. http://dx.doi.org/10.26686/vuwlr.v46i1.4931.

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The Financial Markets Conduct Act 2013 (FMC Act) represents the most substantial overhaul of New Zealand's securities law in recent history. The regulation of derivatives in particular featured high on the agenda as an area in need of reform and, as a result, the FMC Act is much more clear than the Securities Act 1978 and Securities Markets Act 1988 with respect to typical derivative agreements. The focus of this article, however, is on the atypical: the use of derivatives in prediction markets. This article examines whether New Zealand-based prediction market iPredict will be regulated under the FMC Act and, if so, how it will be regulated. The conclusion reached is that iPredict can operate under the FMC Act only if the Financial Markets Authority declares that its contracts are derivatives and grants substantial exemptions from regulatory compliance. This article then makes recommendations for a more coherent approach to the regulation of prediction markets by analogy with the new prescribed intermediary service licences under the FMC Act.

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Wallis, Ian. "Value for money in procurement of urban bus services – Competitive tendering versus negotiated contracts: Recent New Zealand experience." Research in Transportation Economics 83 (November 2020): 100960. http://dx.doi.org/10.1016/j.retrec.2020.100960.

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Wilkinson, Katherine J., Lawrence C. Rose, and Martin R. Young. "Comparing the Effectiveness of Traditional and Time Varying Hedge Ratios Using New Zealand and Australian Debt Futures Contracts." Financial Review 34, no. 3 (August 1999): 79–94. http://dx.doi.org/10.1111/j.1540-6288.1999.tb00464.x.

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46

Daly, Barbara, Bruce Arroll, Timothy Kenealy, Nicolette Sheridan, and Robert Scragg. "Management of diabetes by primary health care nurses in Auckland, New Zealand." Journal of Primary Health Care 7, no. 1 (2015): 42. http://dx.doi.org/10.1071/hc15042.

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INTRODUCTION: The increasing prevalence of diabetes has led to expanded roles for primary health care nurses in diabetes management. AIM: To describe and compare anthropometric and glycaemic characteristics of patients with diabetes and their management by practice nurses, district nurses and specialist nurses. METHODS: Primary health care nurses in Auckland randomly sampled in a cross-sectional survey, completed a postal self-administered questionnaire (n=284) and telephone interview (n=287) between 2006 and 2008. Biographical and diabetes management details were collected for 265 (86%) of the total 308 patients with diabetes seen by participants on a randomly selected day. RESULTS: Nurses were able to access key clinical information for only a proportion of their patients: weight for 68%; BMI for 16%; HbA1c for 76% and serum glucose levels for 34% (for either measure 82%); although most (96%) records were available about whether patients self-monitored blood glucose levels. Most nursing management activities focused on giving advice on dietary intake (70%) and physical activity (66%), weighing patients (58%), and testing or discussing blood glucose levels (42% and 43%, respectively). These proportions varied by nurse group (p<0.05), generally being highest for specialist nurses and lowest for district nurses. DISCUSSION: Most practice and specialist nurses could access patients' weight and HbA1c levels and focused their clinical management on health education to decrease these if indicated. Communication and organisational systems and contracts that allow district nurses to work across both primary and secondary health services are necessary to improve community-based nursing services for patients with diabetes. KEYWORDS: Blood glucose; diabetes mellitus type 1; diabetes mellitus type 2; nurses; primary health care; risk management

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Ginders, Kasia. "Insurance Law and the Principle of Indemnity in Light of Ridgecrest NZ Ltd v IAG New Zealand Ltd." Victoria University of Wellington Law Review 47, no. 1 (June 1, 2016): 73. http://dx.doi.org/10.26686/vuwlr.v47i1.4879.

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When the Supreme Court discussed the principle of indemnity in Ridgecrest NZ Ltd v IAG New Zealand Ltd, it was referred to as "awkward" in the context of a replacement policy. The application of the indemnity principle in the case raises further questions about the nature of the principle in insurance contracts. It is submitted that the indemnity principle is currently enforceable not as a legal test nor as a policy-based presumption; rather, it is applicable mostly because it is presumed the parties intended it to apply. This conclusion draws on both consideration of the rationales and rules of, exceptions to, and law reform concerning the principle. It also draws on analysis of the principle in light of Ridgecrest and two other recent cases following the Christchurch earthquakes that deal with the principle of indemnity.

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Robertson, Suzanne. "Making Sense of Commercial Common Sense." Victoria University of Wellington Law Review 49, no. 2 (August 1, 2018): 279. http://dx.doi.org/10.26686/vuwlr.v49i2.5325.

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The article examines the use of "commercial common sense" in the interpretation of commercial contracts. It reviews the origins of the test of commercial common sense and traces the application of the test in relatively recent New Zealand and United Kingdom appellate decisions. The author's contention is that the test is only properly applied when a court asks itself which of the interpretations put forward by the parties is most consistent with the contracting parties' mutual commercial purpose. The test is not properly applied when a court prefers one interpretation to another simply because it is the court's view that the alternative would mean one party made a particularly bad bargain.

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Bogg, Alan, and Tonia Novitz. "The Politics and Law of Trade Union Recognition: Democracy, Human Rights and Pragmatism in the New Zealand and British Context." Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 259. http://dx.doi.org/10.26686/vuwlr.v50i2.5745.

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In this article, we seek to examine the potential for cross-fertilisation of legal regimes relating to trade union representation of members in collective bargaining. The United Kingdom has moved from an entirely voluntarist model in the 1980s to a statutory regime which facilitates recognition of a trade union following majority support from workers (usually by a ballot). By way of contrast, New Zealand has shifted from a highly regulated award-based model in the 1980s to an "agency" model whereby an employer is required to bargain in good faith with any union representing two or more of the employer's employees, but with some balloting also contemplated for coverage of non-unionised workers. It is uncontroversial that the United Kingdom legislation has been severely limited in its effects in a context of ongoing decline in collective bargaining, while the New Zealand model offers only faint remediation of the dismembering of the collective bargaining system by the Employment Contracts Act 1991. In both legal systems, a Labour Party is now proposing implementation of forms of sectoral bargaining. We explore the reasons for these political and legal developments, exploring democratic and human rights rationales for their adoption, as well as more pragmatic approaches. In so doing we examine the scope for democratic trade union representation via consent or ballot, the role of individual human rights and regulatory rationales. We conclude by considering how representative and regulatory approaches may be mutually reinforcing and address different understandings of "constitutionalisation". In so doing, we reaffirm the emphasis placed in Gordon Anderson's writings on substance over form.

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Watt, Michael S., Darren J. Kriticos, Shona L. Lamoureaux, and Graeme W. Bourdôt. "Climate Change and the Potential Global Distribution of Serrated Tussock (Nassella trichotoma)." Weed Science 59, no. 4 (December 2011): 538–45. http://dx.doi.org/10.1614/ws-d-11-00032.1.

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We used the process-oriented niche model CLIMEX to estimate the potential global distribution of serrated tussock under projected future climates. Serrated tussock is a drought-tolerant, wind- and human-dispersed grass of South American origin that has invaded pastures in Australia, Europe, New Zealand, and South Africa. The likely effect of climate change on its potential global distribution was assessed by applying six climate-change scenarios to a previously developed model. The projections of climatic suitability under the current climate revealed considerable scope for spread, with the most suitable areas occurring adjacent to existing naturalized populations in Australia, New Zealand, and Western Europe. Under future climates, projected to the 2080s, the land area suitable for serrated tussock contracts globally between 20 and 27%. Changes in projected potential area under the six scenarios were very similar in all geographical regions apart from North America and New Zealand, where the projections range from little change or contraction under the National Center for Atmospheric Research (NCAR) and Centre for Climate Research (MIROC) global climate models (GCMs) to expansion under the Commonwealth Scientific and Industrial Research Organisation (CSIRO) GCM. Elsewhere, contractions occur in Australia, Asia, South America, and Africa under all six future climate scenarios. By contrast, for Europe, the area climatically suitable for serrated tussock increases under all six scenarios (average increase 47%) through expansions into eastern European countries that are currently unsuitable and through increases in the suitable area in England, Ireland, and Denmark. Since pastoralism is a dominant land use in these regions of Europe, a prudent biosecurity strategy would be to contain the nascent foci of serrated tussock in southern France, along the west coast of Italy, and in the United Kingdom. This strategy could consist of a set of policies to limit human-assisted dispersal of the species' seeds and to reduce wind-borne spread through cultural control of the plant.

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Journal articles on the topic 'New Zealand contracts'

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