Browsing by Author "Bennett, Mark"
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Item Open Access Bad landlords: Is registration the answer?(Te Herenga Waka—Victoria University of Wellington, 2015) Sharpe-Davidson, Edward; Bennett, Mark; Frankel, SusyThis paper considers that there is an issue with substandard property management in New Zealand’s private rental sector because of amateur landlords and that the current regulatory regime does little to raise those standards. The registration of landlords and their properties is thought to install a means of quality checking landlords and their properties and represents a level of regulatory oversight that the current regulatory regime lacks.Item Open Access Common law courts as regulators, an exposition: The Judiciary as a regulatory mechanism(Te Herenga Waka—Victoria University of Wellington, 2015) Meagher, Jacob Joseph; Frankel, Susy; Bennett, MarkAn exposition on a new regulatory theory; Common law courts as regulators – the judiciary as a regulatory mechanism. In this paper the author ascribes to the judiciary/courts specific regulatory powers with regards to fundamental rights, the Bill of Rights and upholding and adjudicating constitutional norms. Via judicial regulation, courts can exercise power outside of the lis in disputes of distinction.Item Open Access ‘Don’t Shoot the Messenger’: Greater Just Culture Protections Required for Aviation Professionals Under the Civil Aviation Act 2023(Te Herenga Waka—Victoria University of Wellington, 2023) Donovan-Grammer, Liv; Bennett, MarkThe Civil Aviation Act 2023 (the Act) provides insufficient just culture protections for members of the New Zealand aviation industry. Whilst the introduction of the just culture policy approach into New Zealand aviation law is a welcomed legislative development, serious concerns arise over the application of the just culture framework in practice. This paper addresses two central issues with the intended framework. First, the uncertain circumstances in which aviation professionals who report occurrences may be prosecuted under s 341 of the Act is critiqued. The vague term “public interest” concerningly represents the sole fetter on the Director of Civil Aviation’s otherwise unbridled powers of enforcement action. The section must be limited to only allow prosecution in cases that meet the just culture standard: those involving wilful misconduct, gross negligence, or recklessness. Further, despite the ability of the Civil Aviation Authority (CAA) to bring enforcement proceedings, the industry regulator is empowered by the legislation, and without adequate safeguards, to conduct safety investigations into occurrences. This function of the CAA under s 23(e) constitutes a serious conflict of interest and flouts international civil aviation standards that require the independence of safety investigations from state aviation authorities. Safeguards around these investigations must be incorporated into the Act.Item Open Access Free reign over free range? The regulations of free range eggs in New Zealand(Te Herenga Waka—Victoria University of Wellington, 2015) Rodgers, Zoe; Frankel, Susy; Bennett, MarkNew Zealanders are among the highest egg consumers per capita in the world. Approximately 3.4 million hens produce more than one billion eggs every year, the majority of which are produced in conventional cages. In recent years there has been a shift in consumer attitudes which has resulted in an increase in the demand for free range eggs. A trip to any supermarket reveals the premium consumers pay for free range eggs, compared with cage eggs. This paper analyses the regulation of free range eggs in New Zealand, focusing on how the regulation affects consumers. Most consumers choose to purchase free range eggs for ethical reasons believing that the hens enjoy a better standard of life. However unfortunately this is not always the case. The current regulation is fragmented and flawed which is allowing egg producers to deceive consumers. When it comes to free range eggs consumers are forced to rely on the honesty of producers as it is impossible to detect deception. This paper advocates for regulation reform through labelling. The introduction of an enforceable labelling standard is advocated for, which would hold producers accountable for their carton claims and ensure consumers are able to make informed product decisions.Item Open Access How to slice the pie: Regulating the distribution of copyright revenue in the music industry(Te Herenga Waka—Victoria University of Wellington, 2015) White, Nina; Frankel, Susy; Bennett, MarkThis paper argues that the different bargaining strengths between music creators and music companies results in inefficient and unfair copyright revenue distrribution. On that basis it suggests two forms of regulatory intervnetion. Fair Trade Music is a voluntary certification scheme which would set a satndard of ‘fair remuneration’. The second option is mandatory regulation of the distribution of copyright revenue to ensure a minimum proportion goes to the music creator. Both schemes are considered against the benefits and obstacles in their practical implementation, ability to achieve the regulatory goal, political reactions and international obligations. Ultimately, this paper does not recommend adoption of a mandatory regulation and advises a cautionary approach to Fair Trade Music. Ostensibly it is unlikely the government will pursue either regulatory response without some politcal impetus.Item Restricted LAWS301: Law: Property Law(2019) Bennett, MarkItem Restricted LAWS301: Law: Property Law(Victoria University of Wellington, 2016) Bennett, MarkItem Restricted LAWS301: Law: Property Law(Victoria University of Wellington, 2015) Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(2019) Mclay, Geoffrey; Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2014) Austin, Graeme; Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2014) Austin, Graeme; Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2015) Angelo, Anthony; Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2017) Mclay, Geoffrey; Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2015) Angelo, Anthony; Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2017) Mclay, Geoffrey; Bennett, MarkItem Restricted LAWS330: Law: Jurisprudence(Victoria University of Wellington, 2015) Bennett, MarkItem Restricted LAWS330: Law: Jurisprudence(2018) Bennett, MarkItem Restricted LAWS330: Law: Jurisprudence(Victoria University of Wellington, 2013) Bennett, MarkItem Restricted LAWS330: Law: Jurisprudence(Victoria University of Wellington, 2017) Bennett, MarkItem Open Access Non-Governmental Organisations in international regulation: Lessons from certification schemes(Te Herenga Waka—Victoria University of Wellington, 2015) Milne, Eleanor; Frankel, Susy; Bennett, MarkThe decentralisation and globalisation of regulation has opened up new kinds of regulatory activities to new kinds of actors. Certification schemes as regulatory tools and Non-Governmental Organisations (NGOs) as regulators are two such examples. NGOs have their own set of regulatory capabilities which can be utilised to address some of the difficulties that occur in regulating across nations. At the international level, there is a strong case to be made for collaborative regulation to exploit the regulatory capacities of NGOs and other non-state actors. Certification schemes are often collaborative, and they exploit market mechanisms to further social agendas. NGO regulation is not without its pitfalls, as there are issues with accountability and effectiveness. Certification schemes as a regulatory tool have their own problems, with questions about the effectiveness of the schemes, problems with supply and demand, and the negative impact of fragmentation. This paper illustrates the potential of certification schemes, but it also argues that that potential is not being realised.