619 results for Scholarly text, 2014

  • How (Not?) to Adapt Chekhov: Adventures in Dramaturgy

    Ridley, Nathaniel (2014)

    Masters thesis
    Victoria University of Wellington

    Despite rapid growth of adaptation theory in the last two decades, there is a gap in the field. Books like Linda Hutcheon’s A Theory of Adaptation (2006) and Julie Sanders’ Adaptation and Appropriation (2006) approach adaptations from an audience’s perspective, describing the effects of the adaptation process and providing a robust taxonomy, identifying all of different forms that adaptation might take. They do not, however, describe the details of the process of adaptation itself, even though they often refer to the need for a process-oriented account of adaptation. Existing adaptation manuals focus on screen-writing, leaving someone with an interest in the specifics of adapting a play nowhere to turn. This paper begins to address this gap in the available knowledge by documenting the adaptation process involved in the creation of four new adaptations of Anton Chekhov's Uncle Vanya, targeted at a New Zealand audience. The experiments presented here confirm what is suggested by a survey of the reception of English-language adaptations of Chekhov: there is no single correct method for adapting a play. An adapter's greatest challenge can be identifying which strategy is appropriate for the conditions they face. This project experiments with different adaptive methods and strategies, developed by looking at other English-language Chekhov adaptations, including techniques of approximating the setting, language and themes to a target audience. I attempt to identify which methodologies will achieve the desired results, revealing a variety of different challenges, advantages and weaknesses inherent to each approach. Moreover, both the research and the experiments suggest how the success or failure of an adaptation depends on a variety of contextual factors, including the target audience's relationship with the adapted work, the dramaturgical characteristics of that work, and the abilities of the adapter.

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  • Protection Against Slavery in New Zealand

    Heesterman, Katja (2014)

    Scholarly text
    Victoria University of Wellington

    The European Court of Human Rights decision in CN v The United Kingdom highlighted that slavery remains a modern problem. It may no longer resemble the traditional picture of slavery dramatically presented by Hollywood but it is no less on an issue. Modern slavery is less visible; it is hidden away within homes, normal workplaces or in overseas factories. This paper argues that New Zealand’s current treatment of slavery is inadequate exemplified by the absence of prosecutions. Thorough protection of slavery requires clear definitions that courts can easily apply. This paper explores how the Bill of Rights could be used to remedy this situation. This paper argues for the application of the Drittwirkung concept to give a horizontal effect to a right against slavery. Furthermore it is argued that New Zealand is under positive obligations to actively prevent rights violations, not merely avoid them. These positive obligations are a key component of modern human rights jurisprudence and can be read into the New Zealand Bill of Rights Act 1990. This paper speculates that one action courts could take is to undertake the development of a tort action against slavery.

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  • Exploiting the crowd: The New Zealand response to equity crowd funding

    Hillind, Henry William (2014)

    Scholarly text
    Victoria University of Wellington

    The crowd funding exclusion in the Financial Markets Conduct Act 2013 allows issuers, often innovative start-up businesses, to raise up to $2,000,000 in a 12 month period from retail investors through an internet platform provided by a licensed intermediary service, without the need for the product disclosure statement and on-line disclosures usually required under Part 3 of the Act. In order to protect the interests of investors in a market with a high risk of negligible return, other protections need to be provided. International jurisdictions have imposed investor caps, but New Zealand has failed to do so. This essay argues that, particularly in light of shortcomings with other aspects of crowd funding investor protections, a mandatory investor cap of five per cent of the amount being raised should be imposed, to protect investors both from the high risks of venture capital investing and from their own inexperience in this new and rapidly developing market.

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  • The criminalisation of intentionally harmful digital communications - Encouraging the responsible use of cyberspace or an offence of unnecessarily limited application?

    Laing, Cameron James (2014)

    Scholarly text
    Victoria University of Wellington

    The Harmful Digital Communications Bill has recently been reported back from the Justice and Electoral Select Committee. The Bill seeks to deter, prevent and mitigate the harm caused to individuals through digital communications and to provide victims of harmful digital communications with a quick and efficient means of redress. In addition to modernising existing legislation and establishing a new civil enforcement regime, the Bill controversially introduces a new criminal offence of posting a harmful communication with the intent that the communication causes harm to a victim. Surprisingly, the offence differs significantly from comparable legislation abroad where neither a mens rea standard of intent is present nor a requirement that a victim must suffer serious emotional distress in order for an offender to be liable. This paper critiques the likely application of the offence and ultimately concludes that in light of differing legislation abroad and cases which have arisen since the enactment of the Communications Act in the United Kingdom, that the mens rea standard should be modified to include subjective recklessness, and the requirement that an intended victim must suffer actual harm should be removed.

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  • Safe harbour: Should we be worried? An analysis of Clause 20 of the Harmful Digital Communications Bill, and its application to the law of defamation

    Lipski, Jordan (2014)

    Scholarly text
    Victoria University of Wellington

    Liability of internet intermediaries for content created by third parties is a contentious area of defamation law. Recently, the law in New Zealand has begun to depart from English law, and move closer to strict liability. Parliament has responded with a ‘safe harbour’ in clause 20 of the Harmful Digital Communications Bill, which will provide online content hosts with conditional immunity from liability for content created by others. The author supports the creation of a legislative safe harbour for internet intermediaries, but highlights a number of deficiencies with clause 20 as currently drafted. This paper analyses the existing law, including possible defences, and clause 20. It also looks to other jurisdictions’ safe harbours, and concludes with recommendations on how clause 20 ought to be improved.

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  • Civil Defence Emergency Management Act 2002: Ambiguities and the private sector

    Gerry, Rebekah (2014)

    Scholarly text
    Victoria University of Wellington

    This papers reviews the Civil Defence Emergency Management Act 2002 and the regime it establishes. Although this regime works well most of the time, there are four key areas that need addressing. Incidents such as the 2013 Seddon earthquakes have highlighted the uncertainty around the definitional threshold of an emergency and requirements for a state of emergency. Further, the powers of emergency management actors are not clear. The paper also explores the actual and potential obligations and liability of the private sector. Five recommendations are ultimately made to address these issues.

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  • A decay of rights: The decision in New Health New Zealand Inc v South Taranaki District Council

    Goss, Rose Louise (2014)

    Scholarly text
    Victoria University of Wellington

    The decision in New Health New Zealand Inc v South Taranaki District Council is the most recent legal development in the New Zealand debate about fluoridation of public water supplies. That decision centred on the interpretation of section 11 of the New Zealand Bill of Rights Act, the right to refuse medical treatment. The Court held that the fluoridation in question was legal, and reached a limited definition of medical treatment that did not encompass fluoridation. This paper analyses the reasoning leading to that interpretation, concluding that the decision is problematic and that the definition of s 11 needs to be remedied. The use of the wording of s 11 to limit the definition of medical treatment was inappropriate, as was the policy reasoning used to support that limitation. The structure of reasoning followed exacerbated these issues and adhered too closely to the reasoning in United States cases. Furthermore, the application of a de minimis threshold was conducted without adequate scrutiny, and such a threshold should not be applied to s 11.

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  • Path dependency and the role of HR

    Plimmer, G. (2014)

    Scholarly text
    Victoria University of Wellington

    Path dependency is used to assess the dynamics and evolution of workplace experiences in both the New Zealand Public Sector, and the marginalisation of the HRM function in the United Kingdom. In the New Zealand public sector a controlling management style, but weak leadership and low organisational capability came from the freedom-to-manage and accountability ethos of the new public management reforms. These current features then became entrenched through processes such as: learning effects and reward systems as a new cohort of managers rose through the ranks; managerial norms and implicit theories of human behaviours that included a disinterest in socio-technical concepts and strategic HRM. A controlling management style and weak leadership complimented other behaviours and practices, such as risk aversion, and the rise of Ministerial policy advice at the expense of other practices such as service delivery. In the case of UK HRM managers, the GFC provided an opportunity for the HRM function to escape from its traditional marginalised role. However GFC induced innovations such as the implementation of e-HR and service centres further removed the HRM function from strategic conversations and left them as contract managers. The paper ends with an outline of further planned research on how HRM can shift toward a more strategic function.

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  • Visualising the Invisible: Displaying Building Resource-use Benchmarks in a 3D City Visualisation

    Hills, Alex Josephine (2014)

    Masters thesis
    Victoria University of Wellington

    This thesis proposes a reinvention of the means of presenting statistical data about 3D urban environments. Conventional GIS use of 3D ’enhances’ hard to understand 2D maps with even harder-to-understand histograms of data. The goal is to demonstrate the means by which data on energy and water-use in buildings can be used to enhance familiar 3D interactive city environments and be made accessible to the widest possible audience. Ultimately, resource benchmarks and other related publicly available information about the built environment could be presented in this highly accessible form. All information would be database driven, so automatically updateable. From this basic platform, applications that allow people to compare their own private records with public norms are easily constructed: a world where a building owner can compare their energy records with benchmarks for similar buildings and take action to improve if necessary, or to advertise accomplishments. This study draws on data from the ‘BEES’ Building Energy End-use Study - a BRANZ research project documenting energy and water use in New Zealand commercial buildings. During the study a ‘Websearch’ survey was conducted, building a detailed picture of non-residential building stock in New Zealand with data collected on building typologies, characteristics and surroundings. A thorough research methodology was developed to ensure that high level data could be collected from 3,000 randomly selected buildings within the budget allocated for the project. The data was examined for quality, building characteristics and typology mix and a valuable layer of detail was added by inferring additional information from the basic Websearch dataset. Where sub-samples used in the BEES study were subject to refusal / survey participation rates, the level of potential bias in the mix of building typologies could be tested and allowances made. Energy and water use data collected for a random subset of the sample, could then be applied as benchmarks to the census of New Zealand commercial buildings. In order to trial the communication of the benchmark results to the widest possible audience, an automated 3D city visualisation ‘pilot’ was generated of the Wellington Central Business District and a number of graphic tools were brought together to make the information publicly accessible and as useful as possible. The overall aim was to test the feasibility of applying this technique at a national level. The research revealed three major recommendations: firstly, a national unique building identifier is required to ensure the accuracy of national building data and enable statistical results about the built environment to be accurately and reliably applied to real buildings; secondly, resource use data in 3D format is urgently required to improve the value of sustainable properties; lastly, creating a significant impact on building stock efficiency will depend upon the engagement of a wider audience. Developed further, this visualisation will enable construction professionals, building owners, developers and tenants to understand the built environment and implications of building design and typology on energy and water use.

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  • The Photochemistry of Organic Materials for Photonic Devices

    Middleton, Ayla Penelope (2014)

    Masters thesis
    Victoria University of Wellington

    Optically active organic chromophores have attracted much interest in recent years for their potential for use in photonic devices. Chromophores such as compound (1) have been found to have a very high second order nonlinear susceptibility ( β ) value of 650 × 10⁻³⁰esu in dimethyl formamide.¹ The performance of 1 in a polymer film is much lower than this due to the formation of aggregates which hinder the poling process necessary to ensure a noncentrosymmetric arrangement of the molecules in order to display second order nonlinear behaviour. The molecular aggregation behaviour of a set of second order nonlinear compounds based on compound 1 have been studied in this thesis. These compounds share the backbone shown in figure 1 with pendant groups added to the R₁ R₂ and R₃ positions, with the aim of finding substituent groups that can be added to the optically active merocyanine backbone that reduce the aggregation and increase the solubility of the compounds. This in turn will make them more suitable for use in photonics devices. It was found that a C₁₁H₂₃ alkyl chain added to the R₃ position made the largest contribution to decreasing aggregation. Bulky groups on the R₁ and R₂ positions also reduced aggregation. As a result compounds 5 and 8, with R₃ = C₁₁H₂₃ and bulky groups attached displayed the least aggregation of the compounds studied. ¹ See Figure 1 (pg. i): Merocyanine backbone with substituent positions marked.

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  • Stratigraphy, facies architecture and emplacement history of the c. 3.6 ka B.P. Ngatoro Formation on the eastern flanks of Egmont Volcano, western North Island, New Zealand

    Dixon, Benjamin John (2014)

    Masters thesis
    Victoria University of Wellington

    The Ngatoro Formation is an extensive volcaniclastic deposit distributed on the eastern lower flanks of Egmont Volcano, central North Island, New Zealand. Formally identified by Neall (1979) this deposit was initially attributed to an Egmont sourced water-supported mass flow event c. 3, 600 ¹⁴C years B.P. The Ngatoro Formation was subsequently described by Alloway (1989) as a single debris flow deposit closely associated with the deposition of the underlying Inglewood Tephra (c. 3,600 ¹⁴C yrs B.P) that had laterally transformed into a hyperconcentrated- to- flood flow deposit. Such water-supported mass flows have been well documented on volcanoes both within New Zealand (i.e. Mt Ruapehu) and elsewhere around the world (i.e. Mt Merapi, Central Java and Mt St Helens, Washington). This thesis comprises field mapping, stratigraphic descriptions, field and laboratory grain size and shape analysis, tephrochronology and palaeomagnetic analysis with the aim of refining the stratigraphy, facies architecture and emplacement history of the c. 3,600 ¹⁴C yrs B.P. Ngatoro Formation. This study has found that the Ngatoro Formation has a highly variable and complex emplacement history as evidenced by the rapid textural changes with increasing distance from the modern day Egmont summit. The Ngatoro Formation comprises two closely spaced mass flow events whose flow and emplacement characteristics have undergone both proximal to distal and axial to marginal transformations. On surfaces adjacent to the Manganui Valley on the deeply incised flanks of Egmont Volcano, the Ngatoro Formation is identified as overbank surge deposits whereas at the boundary of Egmont National Park it occurs as massive, pebble- to boulder-rich debris flow deposits. At intermediate to distal distances (17-23 km from the modern Egmont summit) the Ngatoro Formation occurs as a sequence of multiple coalescing dominantly sandy textured hyperconcentrated flow deposits. The lateral and longitudinal textural variability in the Ngatoro Formation reflects downstream transformation from gas-supported block-and-ash flows to water-supported debris flows, then subsequently to turbulent pebbly-sand dominated hyperconcentrated flows. Palaeomagnetic temperature estimates for the Ngatoro Formation at two sites (Vickers and Surrey Road Quarries, c. 10 km from the present day Egmont summit) indicate clast incorporation temperatures of c. 300°C and emplacement temperatures of c. 200°C. The elevated emplacement temperatures supported by the Ngatoro Formation’s coarse textured, monolithologic componentry suggest non-cohesive emplacement of block-and-ash flow debris generated by the sequential gravitational collapse of an effusive lava dome after the paroxysmal Inglewood eruptive event (c. 3,600 ¹⁴C yrs B.P.). The occurrence of a prominent intervening paleosol between these two events suggest that they are not part of the same eruptive phase but rather, the latter is a product of a previously unrecognised extended phase of the Inglewood eruptive event. This study recognises the potential for gravitational dome collapse, the generation of block-and-ash flows and their lateral transformation to water-support mass flows (debris, hyperconcentrated and stream flows) occurring in years to decades following from the main eruptive phase. This insight has implications with respect to the evaluation of post-eruptive hazards and risk.

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  • Discrimination on the grounds of sexual orientation: A comparison between the United Kingdom and New Zealand

    Aird, Joshua Charles Raymond (2014)

    Scholarly text
    Victoria University of Wellington

    This paper compares the way in which the United Kingdom and New Zealand approach discrimination claims on the ground of sexual orientation. This paper uses the recent judgment in the case of Bull v Hall as an avenue to explore this issue contrasting it with a similar fact situation in New Zealand, the Pilgrim Planet Lodge discrimination. This paper illustrates that the majority in Bull v Hall were able to take a substantive equality approach to their reasoning. This approach is the most consistent with the principle of nondiscrimination. The paper then focuses on the legislative and process differences in the United Kingdom and New Zealand and the results they produce. Finally by looking and the advantages and disadvantages of both approaches this paper concludes that to build a human rights culture and respect the principle of non-discrimination there needs to be more availability of pubic litigation of discrimination claims.

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  • Pushing 'pause' on video evidence: An analysis of the proposed amendments to s 106 of the Evidence Act 2006

    Bennett, Zoe (2014)

    Scholarly text
    Victoria University of Wellington

    This paper assesses the ramifications of the Cabinet Social Policy Committees proposals contained in the paper Amendments to the Evidence Act 2006. The Committee proposed a change to s 106 of the Evidence Act, which currently lies in favour of full disclosure of video evidence to the defence. The proposed amendments will reverse this presumption, ultimately restricting the defence’s access to the complainants video evidence. This paper will assess the validity and practicality of these proposed amendments, by assessing whether they are consistent with the New Zealand Bill of Rights Act, the equality of arms doctrine and international case law. Although the proposed amendments were made to protect vulnerable complainants, attrition rates in New Zealand show that vulnerable witnesses do not drop out of the criminal justice system just because they are fearful about their video evidence being disclosed. The attrition rates are more complex. However, this paper argues that there are still adequate safeguards in place to protect the defence’s right to a fair trial. Whilst these safeguards holdfast, any effort to protect vulnerable victims should be encouraged.

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  • Saudisation and Women’s Empowerment through Employment in the Health Care Sector

    Alghamdi, Fatemah (2014)

    Masters thesis
    Victoria University of Wellington

    The majority of studies concerning Saudisation policy as a solution to decrease the unemployment of nationals and reduce the reliance on expatriate. However, this study looks at Saudisation as a tool to empower Saudi women working in the health care sector. Saudi working women have been lacking opportunities of empowerment, due to challenges they face in their daily life that hinder the development and equality of those women. The thesis has been guided by the literature and qualitative evidence that suggests obstacles to women’s empowerment and development involve socially constructed norms, traditions, religion and culture that primarily favour men. The study, also, adopts feminist geography and gender perspective and focuses on the individual voices of women working in the health care sector. This research uses different empowerment frameworks of Kabeer, Rowland, Stromquist and Freire, which are relevant to women employment and empowerment. This research utilises feminist methodology in obtaining deep understanding of the reality and experience of women employed in the health care sector. Findings of this research reveal conditions that maintain disempowerment of women working in health care sector, as well as identifying the tools that might guarantee their empowerment. Findings also show those women necessities in the case of gender needs that revolve around their domestic and working responsibilities. This thesis provides some recommendations to government, policy makers, educational institutions and employers about how to contribute in empowering women and overcoming challenges that hinder their development and wellbeing. Ultimately, this study aimed to, first, contribute to the literature of women’s empowerment by exploring their employment in a Saudi context and second, to put the spotlight on Saudi women’s issues through development lens and enrich that field of study.

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  • The Microeconomics of Television Markets

    Hurren, Konrad (2014)

    Scholarly text
    Victoria University of Wellington

    I consider the literature surrounding the television market. Two important issues in the literature are: the market's two-sided nature, and bundling of channels. I discuss how an asymmetric pricing structure arises in television markets. The literature on bundling in the television market is reviewed, with some authors finding that bundling is a first best solution. Other authors show that a la carte pricing is socially optimal. Interestingly, there is consensus that mixed bundling is unambiguously worse than pure bundling and a la carte. Public service broadcasting is described in four English speaking countries to provide context. Failures in the television market are identified and some policy responses are discussed. I include literature analysing a price cap on basic cable packages and a domestic content requirement.

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  • New Zealand learning environments: The role of design and the design process

    Alsaif, Fatimah Mohammed (2014)

    Doctoral thesis
    Victoria University of Wellington

    Learning environments are important spaces because these are where primary school children spend many hours. These environments can vary from single cell classrooms to modern open plan learning studios. As the design of these learning environments can affect the learning outcomes of students, their design and the design process behind them are important fields of investigation. Involving the users of learning environments in the design process is an important factor to be considered. Studies overseas stress the importance of involving teachers and students in the design process of learning environments. However, studies about learning environments in New Zealand show less consideration for the internal layout of classrooms and the involvement of users in their design process. Thus, this thesis studies and compares the design process behind learning environments in New Zealand with those overseas and the effect of this involvement on the design of primary school internal learning spaces, specifically classrooms. The aim of this thesis is create an understanding of the design process behind primary school classroom learning environments in New Zealand. To achieve the aim, this thesis undertakes five phases of study. The first phase is surveying primary school teachers and architects who design educational spaces, about the design and design process of learning environments in New Zealand. The survey results show that both teachers and architects support participatory design in schools and wish for more student user involvement. The second phase is a trial using social media to encourage more teacher and student participation in designing learning environments. Wordpress and Facebook groups were used for this experiment and teachers and students of primary schools in New Zealand were invited to participate. The trial result appears to indicate that social media does not work in encouraging students and teachers in thinking about the design of learning environments in general without having a specific project as a focus. The third phase is a workshop gathering five teachers and one architect to discuss the detail of the design process behind learning environments in New Zealand. The workshop result suggests that again participants support participatory design but suggest the need for guidance on how to do this, possibly from the Ministry of Education. The fourth phase is a case study of the early stages of a re‐build project for Thorndon Primary School in Wellington city. The case study included interviews, focus groups, observations, and collecting documentation. The main conclusion from the case study is that all parties to the project were in support of participatory design but would have benefitted from guidance as the whole design process and user involvement in it is unclear. The last phase is also case studies but here the focus is on the design process for rearranging the internal layout of two classrooms in two primary schools in Wellington city. The case studies covered observing the involvement of students in the design process, some classroom and brainstorming sessions, and interviews with teachers. The main result of this phase is the observation that students enjoy working on the design of their own environments and that they are able and ready to work as part of such a design process. The key conclusions of this thesis are that all parties involved in this research supported user participation in the design process, but in all the cases investigated there is almost no proper participatory design; students enjoy designing their learning environments and that enjoyment makes them belong and connect to these more; and proper preliminary guidelines for participatory design in learning environments could improve and encourage user involvement in designing learning environments in New Zealand.

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  • Regulation of prediction markets under the Financial Markets Conduct Act 2013

    Farmer, Kelsey (2014)

    Scholarly text
    Victoria University of Wellington

    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 clearer than the Securities Markets Act 1988 with respect to typical derivative agreements. The focus of this paper, however, is on the atypical: the use of derivatives in prediction markets. With a study of New Zealand-based prediction market iPredict, this paper examines whether 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 (FMA) declares that its contracts are derivatives and grants substantial exemptions from regulatory compliance. This paper then makes recommendations for a more coherent approach to the regulation of prediction markets under the FMC Act.

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  • “Migration with Dignity”: Towards a New Zealand Response to Climate Change Displacement in the Pacific

    Farquhar, Harriet (2014)

    Scholarly text
    Victoria University of Wellington

    The impacts of climate change threaten to cause the displacement of millions of people worldwide by the middle of this century. In spite of this looming crisis, international law provides insufficient protection to those who will be forced to migrate. In most cases, those who are displaced will fall outside of current protection frameworks. This paper examines why this protection deficit should be of particular concern to New Zealand, and it argues that there are significant incentives for New Zealand to develop a response to the issue of climate change displacement in the Pacific. The paper concludes that in order to ensure Pacific peoples are able to migrate with dignity, pre-emptive, voluntary migration schemes should be put in place to facilitate migration flows. These should build upon the current immigration framework, and include the extension of current permanent and temporary migration schemes, as well as the introduction of labour-training migration schemes.

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  • Symptoms of neglect: Trust claims under the Limitation Act 2010

    Comrie-Thomson, Paul (2014)

    Scholarly text
    Victoria University of Wellington

    New Zealand's limitation legislation was overhauled with the enacting of the Limitation Act 2010. Despite this comprehensive reform, the way in which trust claims are best to be addressed appears to have been largely overlooked in the reform process. Consequently, the multitude of historic issues that have plagued statutory provisions dealing with trust claims endure in the 2010 Act, with the few changes to the structure of drafting compounding these problems. This paper explores the policy considerations at work, and, by way of example, undertakes a thorough analysis of the exception for fraudulent breaches of trust in light of these policy considerations to illustrate some of the new problems that are bound to arise in practice. Given the numerous and significant difficulties, and the substantial implications for parties seeking to rely on these provisions, this paper argues that a broad reconsideration of the way in which trust claims are dealt with in the 2010 Act is urgently needed.

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  • Hung out to dry? Questioning the legality of Southland baby-farmer Minnie Dean's 1895 murder trial and execution

    Davis, Sophie (2014)

    Scholarly text
    Victoria University of Wellington

    In 1895 Minnie Dean became the only New Zealand woman to receive the death penalty. In the Invercargill Supreme Court she was found guilty of the murder of Dorothy Edith Carter, a child Minnie had recently adopted, who was found buried in her garden alongside two other infants. Branded a vindictive baby-farmer, Minnie Dean was widely condemned by the New Zealand press and public during the four months between her arrest and execution. This paper will assess whether, amongst the mania, Minnie was afforded a fair criminal trial and sentencing. It will be argued that while Minnie’s fate was largely predetermined from the moment of her arrest, against 1895 legal standards, correct criminal procedure was generally followed. Despite this, when comparing her trial and sentencing with contemporaneous murder trials, it is evident that Minnie Dean received no procedural clemency.

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