6,175 results for Scholarly text

  • ‘Who are we trying to protect?’ The role of vulnerability analysis in New Zealand’s law of negligence

    Fletcher, Scott William Hugh (2015)

    Scholarly text
    Victoria University of Wellington

    New Zealand has incorporated ideas of vulnerability within its law of negligence for some years. It has not, however, clarified what is meant by vulnerability or the role the concept plays within the broader duty of care framework. Several obiter comments in Body Corporate No 207624 v North Shore City Council (Spencer on Byron) suggest the concept ought not to be part of the law due to its uncertain and confusing nature. Subsequent cases have, however, continued to use the concept, and continue to use it despite both its historically ill-defined nature and the additional uncertainty added by Spencer on Byron. This essay argues that vulnerability can and ought to be a part of New Zealand negligence law. With a consistent adoption of a single test for vulnerability–that established in the High Court of Australia in Woolcock Street Investments Pty Ltd v CDG Pty Ltd (Woolcock)–vulnerability can be a conceptually certain concept that provides useful insight into the issues posed by the law of negligence.

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  • From equality to equity: The pursuit of pay equity under the Equal Pay Act 1972

    Miles, Grace Catherine (2015)

    Scholarly text
    Victoria University of Wellington

    In 2014, the Court of Appeal considered if pay equity was also protected under the Act. In this paper I analyse and critique that decision. It seeks to answer two fundamental questions about the case and wider issues surrounding pay equity. First, it asks whether a mandate does exist under the Act requiring the provision of pay equity. Is the Act restricted to a narrow pay equality interpretation, or is it wide enough to encapsulate pay equity? The conclusion will be reached that little light is shed on the position of pay equity from an interpretation of the statute. Both the inclusion and exclusion of pay equity remain open interpretations. A realist explanation will argue a policy decision, in the absence of an interpretative answer, is driving factor of the Court of Appeal’s findings. The second question looks to the natural continuation of the current case and asks what should be the avenue through which pay equity is pursued. This is a normative inquiry. Litigation will be considered under both a traditional and strategic approach. The alternate solutions of a legislative and an unregulated market will also be investigates. It will be argued that judicial inclusion of pay equity under the Equal Pay Act is undesirable. Instead, dedicated legislation would prove the most effective means of achieving pay equity.

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  • Anonymous online speech: Striking a balance between accountability and the right to freedom of expression

    Doyle, Charlotte (2015)

    Scholarly text
    Victoria University of Wellington

    The Internet enables individuals to speak anonymously with unprecedented ease. As a result there has been a global increase of anonymous online speakers which raises unique legal regulatory challenges. For the purpose of ensuring anonymous online speakers are held accountable for harmful speech, the Harmful Digital Communications Act 2015 in New Zealand introduces a remedial measure which empowers the District Court to order the disclosure of an anonymous online user’s identity. This paper seeks to draw attention to issues concerning an individual’s use of anonymity online to exercise their right to freedom of expression. The paper concludes by providing recommendations on how the courts can effectively balance this right against the principle of accountability which guides the disclosure orders in a manner which is compliant with the Bill of Rights.

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  • Responses to censorship issues at Auckland Public Library 1920-1940

    Walker, Pauline Jean (2001)

    Scholarly text
    Victoria University of Wellington

    This report examines how historical responses to censorship issues have influenced the development of contemporary intellectual freedom ideology through an analysis of censorship challenges and responses at Auckland Public Library during the years 1920-1940. Sociological theories related to the development of public libraries and to the development of librarianship as a profession are considered. The Remarque case of 1929 is identified as a pivotal moment in the development of contemporary intellectual freedom ideology among New Zealand librarians. Three key conclusions are made. Some librarians in New Zealand during the 1920s and 1930s saw censorship as part of their role. There was tension between a public expectation that entertaining fiction should be provided by the public library and the librarian's belief that the public library's primary purpose was education and cultural advancement. Although there was some opposition to librarians as censors, New Zealand librarianship had not yet advanced towards a definite understanding that the public library should be for all. This is evidence that New Zealand librarianship was developing in much the same way as its British and American counterparts, who at this time were also negotiating the librarian's role in selection and censorship issues.

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  • Direct-to-Consumer Genetic Testing in New Zealand

    Jochem, Helena (2016)

    Scholarly text
    Victoria University of Wellington

    This paper examines the direct-to-consumer genetic testing industry against the background of the current regulatory framework in New Zealand. Direct-to-consumer genetic testing refers to genetic testing services sold directly to consumers mainly via the Internet without the involvement of health care professionals. This paper focuses on disease predisposition genetic tests that calculate a personal risk to develop a disease based on genetic information. After an analysis of the peculiarities of DTC genetic testing services, the paper contrasts the main arguments for no further state intervention with the concerns about DTC genetic testing that call for more governmental oversight. The main part of the paper argues that the current partial coverage of the existing regulatory framework in New Zealand is insufficient. The paper presents possible recommendations for legislative reform, taking into account recently released details regarding a new Therapeutic products Bill.

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  • The Trans-Pacific Partnership - A bane or boon to corporate social responsibility?

    Ariyaratne, Nilupuli (2016)

    Scholarly text
    Victoria University of Wellington

    This paper examines the possible positive and negative effects that the Trans-Pacific Partnership (TPP) can have on Corporate Social Responsibility (CSR). Accordingly, the thesis will analyse these effects to determine whether the TPP could ultimately serve as a tool for improving or crippling the CSR practices of corporations within TPP States.

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  • A discussion regarding a partial shift in the burden of proof in sexual violence offending in New Zealand: The search for justice on behalf of complainants

    Sinclair, Bridget Alice Foster (2015)

    Scholarly text
    Victoria University of Wellington

    A reversal in the burden of proof in regards to sexual violence cases is an issue that has been discussed and debated both publically and politically. The focus of this paper involves a reversal in the burden of proof in regards to the mens rea element. A defendant in a sexual violence trial would be compelled to testify as to why they reasonably believed consent to have existed. The standard this element would need to be proved to would be on the balance of probabilities. In this paper I offer a critique of the current criminal justice process and outline how a partial reversal in the burden of proof could directly address the most pressing concerns for complainants of sexual violence. I argue that this proposal is certainly worth informed discussion and public debate. My overarching argument consists of the recognition that sexual violence is a prevalent and detrimental issue in New Zealand society and requires immediate address. It is therefore important that useful discussions such as the reversal of the burden of proof receive attention.

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  • Writing fan fiction and copyright infringement under New Zealand law: A case study perspective

    Lim, Tze Ping (2015)

    Scholarly text
    Victoria University of Wellington

    It may seem straightforward to show that writing fan fiction constitutes copyright infringement, because fan fiction authors copy the fictional characters and worlds of copyright owners to write fictional stories, and it is an infringement of copyright to make an unauthorized copy of a substantial part of a copyright work. The paper seeks to rebut that proposition in two ways using a case study. The case study assesses whether a particular Harry Potter fan fiction infringes JK Rowling’s copyright in one of her Harry Potter books. Firstly, the copyright infringement analysis can be complicated when the fan fiction is derivative of several copyright works, because copyright infringement only looks at whether one work is infringed. Secondly, even if that fan fiction is infringing, there is a good case to argue that the author has done fair dealing for the purposes of critism and review, and so is a permitted act.

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  • Colouring our voices: An exploration of ethnic diversity in genre fiction

    Leong, Lynette (2015)

    Scholarly text
    Victoria University of Wellington

    Research problem: This study investigated the reading, writing, and publishing experiences of ethnically diverse writers of diverse popular fiction (romance and speculative fiction), and the role libraries played for writers in learning to write and build their career in Western publishing. In exploring the difficulties and supporting factors writers experienced, it sought to understand how libraries could play a part in encouraging more diversity in popular fiction. Methodology: Research adopted a Critical Race Methodology in conducting problem-centred qualitative interviews with 12 authors via Skype/face-to-face/email. Data was analysed using thematic analysis with an inductive, latent, essentialist/realist approach. Results: Major themes identified were: It’s more than just a story; What we talk about when we talk about ‘diverse’ stories; Diverse stories are invisible/‘too’ visible; The same… but more; Libraries become invisible/opaque; Libraries as gatekeepers. Diverse writers shared common difficulties and supports as non-diverse writers, but difficulties unique to diverse writers often stemmed from perceptions of diverse stories, which presented barriers to readers and publishers. Promotion by story elements, rather than diversity, could overcome some barriers, and conversations and communities were important for support. A lack of diverse stories and promotion contributed to difficulties. Libraries contributed positively to most writers’ development early on, but had less of a role/less effective roles later. Implications: Libraries need to be more visible overall, play a more proactive role in working with writers, be more aware of diversity issues, and promote diverse stories in a way that appeals to all readers. Being part of open conversation about diversity with readers and writers can assist libraries in meeting their needs, and help push for greater diversity in popular fiction.

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  • Data for Surf's Sake - Illustrating a subculture through interactive data visualisation and action sports trackers

    Everitt, Matthew (2016)

    Masters thesis
    Victoria University of Wellington

    Over the last two years action sports trackers have emerged for those seeking thrills in risk-taking sports (Mitchell, 2014). The data generated by these trackers is creating digitised representations of communities participating in action sports such as surfing. The surfing database comprises of activity all over the globe, and due to its size and complexity it can be categorised as big data. Understanding this complex database requires specific data visualisation methods which visually map relationships and patterns. This research asked: can an interactive data visualisation illustrate hierarchical, nomadic, and experiential aspects of the surfing subculture? This thesis is based on ethnographic research which focuses on exploring qualitative visualisations of the quantitative databases generated by action sports trackers for surfing. The research focused on the design of data visualisations which explored contemporary methods and principles of data visualisation and their applicability to communicate aspects of the surfing subculture. This manifested in the design of an interactive web application, Gone Surfing, which focused on global, local, and personal views which communicate Stranger’s (2011) substructure model of the surfing subculture. The hierarchical, nomadic, and experiential aspects of the surfing subculture are only known from long term immersion in the subculture itself. This design made these aspects explicit through the visualisation of the database. For example, pilgrimage’s to revered surfing locations and hierarchy within local communities, and a surfer’s relationship with the waves are forms of implicit knowledge which were made explicit. The final creative output, Gone Surfing, visualises these aspects in an interactive web application consisting of global, local, and personal views to each communicate an aspect effectively. The interactive visualisation allows non-surfers to explore the subculture while enhancing a surfer’s understanding of their position within the surfing nation.

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  • Proceed, with caution: Law reform, judicial review and the judicature modernisation bill

    Watkins, Morgan David (2015)

    Scholarly text
    Victoria University of Wellington

    The Judicature Modernisation Bill 2013 re-enacts the operative provisions of the Judicature Amendment Act 1972. This paper analyses the re-enacted provisions, concluding that the reform will be largely successful relative to a goal of “non-substantive reform”. However, this paper argues that there were significant defects in the legislative process leading to reform, especially in terms of parliamentary scrutiny of judicial review. In a context of a fused executive-legislative branch of government, it is highly inappropriate to legislate for judicial review without adequate consideration of the effects on judicial review powers and processes. This paper argues that judicial review procedure should not be contained in statute in order to prevent undue legislative interference.

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  • Improving Clustering Methods By Exploiting Richness Of Text Data

    Wahid, Abdul (2016)

    Doctoral thesis
    Victoria University of Wellington

    Clustering is an unsupervised machine learning technique, which involves discovering different clusters (groups) of similar objects in unlabeled data and is generally considered to be a NP hard problem. Clustering methods are widely used in a verity of disciplines for analyzing different types of data, and a small improvement in clustering method can cause a ripple effect in advancing research of multiple fields. Clustering any type of data is challenging and there are many open research questions. The clustering problem is exacerbated in the case of text data because of the additional challenges such as issues in capturing semantics of a document, handling rich features of text data and dealing with the well known problem of the curse of dimensionality. In this thesis, we investigate the limitations of existing text clustering methods and address these limitations by providing five new text clustering methods--Query Sense Clustering (QSC), Dirichlet Weighted K-means (DWKM), Multi-View Multi-Objective Evolutionary Algorithm (MMOEA), Multi-objective Document Clustering (MDC) and Multi-Objective Multi-View Ensemble Clustering (MOMVEC). These five new clustering methods showed that the use of rich features in text clustering methods could outperform the existing state-of-the-art text clustering methods. The first new text clustering method QSC exploits user queries (one of the rich features in text data) to generate better quality clusters and cluster labels. The second text clustering method DWKM uses probability based weighting scheme to formulate a semantically weighted distance measure to improve the clustering results. The third text clustering method MMOEA is based on a multi-objective evolutionary algorithm. MMOEA exploits rich features to generate a diverse set of candidate clustering solutions, and forms a better clustering solution using a cluster-oriented approach. The fourth and the fifth text clustering method MDC and MOMVEC address the limitations of MMOEA. MDC and MOMVEC differ in terms of the implementation of their multi-objective evolutionary approaches. All five methods are compared with existing state-of-the-art methods. The results of the comparisons show that the newly developed text clustering methods out-perform existing methods by achieving up to 16\% improvement for some comparisons. In general, almost all newly developed clustering algorithms showed statistically significant improvements over other existing methods. The key ideas of the thesis highlight that exploiting user queries improves Search Result Clustering(SRC); utilizing rich features in weighting schemes and distance measures improves soft subspace clustering; utilizing multiple views and a multi-objective cluster oriented method improves clustering ensemble methods; and better evolutionary operators and objective functions improve multi-objective evolutionary clustering ensemble methods. The new text clustering methods introduced in this thesis can be widely applied in various domains that involve analysis of text data. The contributions of this thesis which include five new text clustering methods, will not only help researchers in the data mining field but also to help a wide range of researchers in other fields.

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  • The Financial Markets Conduct Act 2013: How accessible is accessory liability

    Radburn, Crosby (2015)

    Scholarly text
    Victoria University of Wellington

    With the enactment of the Financial Markets Conduct Act 2013, New Zealand’s securities law has been revolutionised. This essay focuses on the introduction of accessory liability for any person “involved in a contravention” under s 533. Historically the standard for civil accessory liability has been unclear, with New Zealand currently using two different approaches. This article reviews relevant cases from Australia and New Zealand and forms a view on the appropriate standard for liability under s 533. To assess the reach of s 533, the conclusions are then tested by application to three previous cases.

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  • Criminalising "revenge porn": Did the Harmful Digital Communications Act get it right?

    Upperton, Theresa Jacqueline (2015)

    Scholarly text
    Victoria University of Wellington

    This essay examines the problem of revenge pornography (“revenge porn”) in New Zealand. It argues that the Harmful Digital Communications Act 2015 provides an insufficient remedy due to its broad wording, and that the intention and harm requirements of the offence are problematic. This essay advocates for the introduction of a specific revenge porn offence to be inserted into the New Zealand Crimes Act 1961. It begins by exploring revenge porn’s impact on victims, and discusses the current legal remedies available here and in comparative jurisdictions. It then proposes a new offence that would focus on the elements of the revenge porn act itself, rather than requiring that the perpetrator intends to cause harm and that the victim actually suffers harm. This essay argues that the introduction of such an offence would provide an effective deterrent for initial and subsequent disclosers of revenge porn alike, and clarify the scope of revenge porn in New Zealand for victims, perpetrators, and the courts. Further, such an offence would place a reasonable limit on freedom of expression and send a clear social message as to revenge porn’s criminal nature.

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  • Communicating a Culture of Peace in Aotearoa New Zealand: The vision of Peace through Unity

    Paterson, Meredith (2016)

    Masters thesis
    Victoria University of Wellington

    Narrative politics reframes how we cultivate knowledge in the academy, foregrounding the voices of research subjects and their relationships with researchers to re-embed scholars in the social world. Narrative affects the reader’s emotional capacities and fosters empathic understanding, encouraging a more human engagement with figures that have been made threatening, as Elizabeth Dauphinée explores in The Politics of Exile and Richard Jackson in Confessions of a Terrorist. Narrative politics is concerned with the question of how academics respond to the violence of war and whether the analytical tools of the social sciences are an adequate response to the human horror of war. The narratives of peace people are particularly compelling in the way they challenge the assertions of the dominant culture of wider society and the discipline of IR. Aotearoa New Zealand has a rich history of grassroots peace movements and activities that have influenced wider society. However, their stories are not well recorded in the dominant narrative of state institutions or academia. Peace Activist Elsie Locke published Peace People, a broad historical survey of peace activism from pre-European Maori to 1975. Maire Leadbeater brings the account up to 2013 in Peace, Power and Politics. All accounts emphasise that ordinary people were at the heart of activities, organisations and movements for peace. One of these ‘ordinary’ people left out of Locke and Leadbeater’s accounts is Gita Brooke, co-founder of the Whanganui-based charitable trust, Peace through Unity [PTU]. As a self-identified ‘peace person,’ Brooke has written much about their work and been involved in peace activities in Aotearoa NZ since the 1980s. Narrative politics provides a lens in IR to explore the story of Gita Brooke as co-founder of PTU. I show the contribution PTU has made and continues to make to a culture of peace in Aotearoa New Zealand and as a worldwide network, explored through the themes of education for global citizenship, transformation through thought-work, and responsibility for local action. It examines how PTU’s vision of a culture of peace has been communicated through the organisation’s newsletter, Many to Many, through its involvement with the United Nations as an accredited NGO, and through its local activities. Using archival sources, data from interviews and a content analysis of the newsletter, and complemented by the lens of and insights from the discourse of narrative politics, this study suggests that PTU provides a space for critical self-reflection in the pursuit of peace that challenges the thought/action binary of institutionalised NGOs. The deterritorialised publication, Many to Many, connects peace people through a networked area of mutual agreement that is inclusive, educative and transformative.

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  • Woe unto them that lay field to field: Closer settlement in the early Liberal era

    van Alphen Fyfe, Monique (2015)

    Scholarly text
    Victoria University of Wellington

    This paper undertakes a re-examination of the origins, construction and application of the Land for Settlements legislation in the early Liberal era. The Liberal’s commitment to closer settlement reveals part of the story of highly contested land policy in colonial New Zealand. Land for Settlements legislation of the 1890s, aimed at “bursting up” the great estates, was predominantly the product of settlers’ ideological aspirations and two determined politicians: John Ballance and John McKenzie. When measured against the rhetoric used to promote it, however, the policy was not necessarily effective: it was complicated by practical realities and a narrow vision of New Zealand as a vigorous Arcadian paradise. When contrasted with the treatment of Māori land, yet more of the complexity of the land issue and the frailties of the actors facing it are revealed. The paper concludes by proposing that Liberal policy, while flawed in execution, may have nevertheless contributed something to the consolidation of the concept of New Zealand as an agrarian ideal, a concept that remains largely intact today.

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  • The Molecular Forms of GDF9 In A Range of Mammalian Species

    Alhussini, Abdulaziz (2016)

    Masters thesis
    Victoria University of Wellington

    Growth Differentiation Factor (GDF) 9 is a member of the transforming growth factor β (TGFβ) superfamily that is exclusively expressed within and secreted from, the oocyte. This protein has generated much interest as it has been found to play a major role in follicular growth and maturation in mammals, and may be involved in determining litter size. Like most TGFβ family members, it is synthesised as a pre-pro-mature protein and is cleaved at various stages to allow the biologically active mature form to bind its Type II receptor. The aim of this study was to improve our understanding of the different molecular forms of GDF9 that are present within ovarian follicles of a range of mammalian species that differ in litter size. To achieve this aim, Western blotting experiments were performed to illustrate the molecular forms that were present within, and secreted from, the oocytes of rats, pigs, sheep and red deer. The detection of bands that represented the different molecular forms of GDF9 was undertaken using a monoclonal antibody that targeted a conserved region in the mature form of ovine GDF9. The predominant forms of GDF9 found within and secreted from the oocyte across the species were the promature and cleaved mature forms of GDF9. Densitometry analysis of the Western blots revealed that pig, sheep, and red deer had significantly more of the promature, than the mature, form within the oocyte. Conversely, there were no significant differences between the levels of promature and mature forms of GDF9 in the secreted media. Moreover, the levels of the specific molecular forms of GDF9 were not different between pigs, sheep and red deer. The levels of GDF9 in rat samples were low which may be due to a lower affinity of the monoclonal GDF9 antibody due to sequence differences between rat and ovine GDF9. Interestingly, applying a crosslinking reagent to the oocyte lysate and conditioned media samples revealed the appearance of a high molecular size band. The appearance of this band, which was more prominent in the rat and pig, was concomitant with the disappearance of the mature GDF9 band. The differential levels of these presumptive GDF9 multimers in these two species that have large litters may suggest that rat and pig mature GDF9 binds other oocyte secreted factors more readily than GDF9 from mono-ovulatory species. Importantly, no homo- or hetero- mature dimers of GDF9 were detected in any of the species studied. In summary, GDF9 was predominantly present as promature and cleaved mature forms both within the oocyte and in the secretions from the oocyte. Overall, these results indicated that the promature form was present in higher levels than the cleaved mature form. With the exception of the rat, there were no detectable species differences in the levels of the GDF9 forms within or secreted from the oocyte using Western blotting methodologies.

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  • The Frankenstein Mortgage: Conceptual inconsistency and the quest for legal coherence in the Torrens system

    Mailer, Constance (2015)

    Scholarly text
    Victoria University of Wellington

    The principles of “certainty” and “autonomy” are central to the Torrens system and contract law respectively. Courts seek to resolve conflict between these principles. Systemic incoherence is especially apparent when courts consider the all-obligations mortgage. The mortgage document does not only place a charge on title. It secures personal obligations also. Registration may or may not extend to these obligations. According to the laws of contract, these personal obligations are established by the substance of the relationship between the parties, illustrated by a structure of legal forms via the contract. Registration then purports to "animate” the contract through the legal form of "title/interest by registration”. Hence the title of this paper: the "Frankenstein Mortgage". The Torrens system requires jurisdictions to engage in a perpetual search for coherence. An awareness of the ideological disunion underlying the law of real property enables judges to subduct concepts in a congruent manner and achieve a semblance of a unified legal form. Rather than etiolating the Torrens principle of certainty through policy-based rationales, reforms require an examination of residuary common law principles and conceptual sources of law, combined with a consciousness of the illogical nature of lawmaking that must, to maximize practical efficacy, provide a compromise between the two systems.

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  • Countering foreign terrorist fighters: Warrantless surveillance powers of the New Zealand Security Intelligence Service

    Guilford, Katherine Briar (2015)

    Scholarly text
    Victoria University of Wellington

    On 9 December 2014, the New Zealand Security Intelligence Service Amendment Act 2014 amended the New Zealand Security Intelligence Service Act 1969 by removing the requirement for an intelligence or visual surveillance warrant in some situations of emergency or urgency. The warrant process is the primary mechanism for the purpose of ensuring surveillance powers are not exercised arbitrarily or unreasonably. Any departure from this process must be justified, limited and proportionate. After a brief look at the history of the Bill, this paper will then consider the circumstances in which a warrantless authorisation shall be granted and information retained, with reference to the trigger concepts of "terrorist act", "foreign terrorist fighter" and "security". Amendments proposed include limiting the grounds for warrantless surveillance and information retention to countering "foreign terrorist fighters". It will then discuss the consistency of the Bill with the New Zealand's Bill of Rights Act, focussing on the authorisation structure and length. It will put forward an amendment that restructures the power such that authorisation for surveillance in urgency will be provided by the Minister and Commissioner within 12 hours.

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  • Should repairers have something to lien on? An analysis of reform options for the common law lien in the Personal Property Securities Act 1999

    Hansen, Tory (2015)

    Scholarly text
    Victoria University of Wellington

    The repairer’s lien is one of the last remaining at common law. Under the Personal Property Securities Act 1999, a repairer’s lien over goods takes priority over any security interest in the same goods. Due to the advent of trading on credit terms, repairers are increasingly unable to rely on a lien as a means of security. Because of the nature of their work, ordinary security interests taken by repairers are likely to lose in any priority dispute. This paper addresses two broad points within this issue. The first point considered is whether the repairer’s interests should be protected, concluding that they should be afforded a super priority similar to the current scheme. The second point considered is the nature of reform that could be undertaken, concluding that a statutory lien should be inserted into the PPSA. This lien would generally subsist in credit trading environments whilst not adversely affecting the interest of other creditors.

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