Browsing by Author "Austin, Alice Charlotte"

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Open Access
Consistency of sentencing between welfare fraud and tax evasion: A longitudinal comparative study
(Te Herenga Waka—Victoria University of Wellington, 2016) Austin, Alice Charlotte
This essay compares welfare fraud and tax evasion sentencing outcomes over the period 1989-2016. Previous research suggested there was a significant discrepancy in treatment by the New Zealand courts. This research analysed data from 83 welfare fraud offenders and 53 tax evasion offenders. On the basis of the data in this study, the overall sentencing discrepancy was not as severe as the prior research suggested. However, the data did confirm that welfare offending was, on average, punished more harshly dollar-for-dollar than tax offending. Analysis of several other variables was used to attempt to quantify and explain the identified discrepancy. The study found key differences in sentencing outcomes according to welfare and tax offending of a comparable monetary value, with welfare offending generally receiving harsher punishment. However, tax offenders convicted under the Crimes Act were sentenced to imprisonment at a higher rate than welfare offenders convicted under the same section of the Crimes Act. Further research is needed using prosecution case files as well as more non-appealed cases in order to evaluate the discrepancy using the data not included in this study.
Open Access
Online and automated dispute resolution in New Zealand: A law reform and regulation perspective
(Te Herenga Waka—Victoria University of Wellington, 2017) Austin, Alice Charlotte
This paper investigates the issue of online and automated dispute resolution from a law reform and regulatory perspective. It argues the growing prevalence and capabilities of online dispute resolution has created both opportunities and risks for consumers and for dispute resolution policy in New Zealand. In particular, the significant risk of harm occurring if the technology is permitted to develop without any regulation or governance now warrants proactive governmental intervention to provide a protective legal framework. A proposed regulatory model is put forward, which encompasses both direct legal and indirect methods of regulation.