Browsing by Author "Boast, Richard"
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Item Restricted The Abolition of Capital Punishment in New Zealand 1935-1961: A Utilitarian Resolution to an Irresolvable Issue(Te Herenga Waka—Victoria University of Wellington, 2012) Steiner, Jack; Boast, RichardThis paper details New Zealand’s history of capital punishment for murder from 1935 to 1961. It addresses the history and reasons behind abolition in 1941, reinstatement in 1950 and final abolition in 1961, noting how the issue was politicised until the 1961 vote. This paper then concentrates on the 1961 decision to abolish. It addresses the principal issues in relation to capital punishment and analyses the development of attitudes toward these issues in New Zealand and Britain. It then attempts to justify how abolition in 1961 can be interpreted as a utilitarian enterprise which is an interpretation consistent with the development of New Zealand’s penal system at the time. Finally, the legacy of abolition in New Zealand will be addressed, concluding that from a utilitarian perspective, it has been a success.Item Open Access Cut And Run: The Legacy Of Rio Tinto And The Mine At Panguna(Te Herenga Waka—Victoria University of Wellington, 2022) Lowen, Koreen; Boast, RichardIndigenous peoples have historically gained little from large-scale resource development on their traditional lands. Instead, their societies, culture, and economies have suffered from the negative impacts. During recent decades indigenous groups and their allies have fought hard to change this situation. In some cases, by opposing development entirely, in others by seeking a fundamental change in the distribution of benefits received from resource exploitation. A range of approaches, have been used. These include efforts to win greater recognition of indigenous rights in international fora, and advocating for legislation which recognises indigenous land rights and protects indigenous culture. Indigenous groups have also launched litigation in national and international courts, and taken direct political action often supported by non-governmental organisations. In response to these initiatives, companies that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples. They have adopted voluntary “corporate social responsibility" (CSR) policies. This paper examines the issues for indigenous groups seeking compensation for the negative impacts of extractive industries with reference to the Panguna mine in Bougainville. It concludes that the current legal framework is insufficient to meet the complex factors at play in Bougainville and outlines some areas for further reflection. In the end, when considering the path towards independence in the Bougainville, resolving the legacy of Rio Tinto and the Panguna mine will be crucial.Item Restricted An Examination of the New Zealand Youth Justice System From Pre-Contact Maori Society to the Present Day(Te Herenga Waka—Victoria University of Wellington, 2012) Harris, Zoe Elsie; Boast, RichardThis paper explores the history of the New Zealand Youth Justice system from pre-contact Maori society to the present day. It classifies the development of Youth Justice into five periods of history. Under the “period of assimilation” this paper describes Maori assimilation to British models of youth offending. Under the “period of power relationships” this essay explores the application of the philosophies of Michel Foucault to reformatories and borstals. This essay then describes the rise and fall of the “welfare approach”, resulting in major legislative overhaul and the creation of the Children, Young Persons and Their Families Act 1989. The contention post 1989 is that Youth Justice in New Zealand has developed by way of “penal populism.” This paper concludes that the historical trend regarding Youth Justice is that progressive ideals have often been followed by conservative amendments that revert back to historical punitive practice as a result of changes in societal values.Item Restricted LAWS301: Law: Property Law(Victoria University of Wellington, 2009) Boast, RichardItem Restricted LAWS301: Law: Property Law(Victoria University of Wellington, 2017) Boast, RichardItem Restricted LAWS316: Law: Māori(Victoria University of Wellington, 2009) Boast, RichardItem Restricted LAWS316: Law: Maori Land Law(Victoria University of Wellington, 2012) Boast, RichardItem Restricted LAWS316: Law: Māori Land Law(Victoria University of Wellington, 2005) Boast, RichardItem Restricted LAWS316: Law: Māori Land Law(Victoria University of Wellington, 2006) Boast, RichardItem Restricted LAWS316: Law: Maori Land Law(Victoria University of Wellington, 2014) Boast, RichardItem Restricted LAWS316: Law: Maori Land Law(Victoria University of Wellington, 2016) Boast, RichardItem Restricted LAWS316: Law: Maori Land Law(Victoria University of Wellington, 2017) Boast, RichardItem Restricted LAWS329: Law: Legal History(Victoria University of Wellington, 2011) Boast, RichardItem Restricted LAWS329: Law: Legal History(Victoria University of Wellington, 2012) Boast, RichardItem Restricted LAWS329: Law: Legal History(Victoria University of Wellington, 2007) Boast, RichardItem Restricted LAWS329: Law: Legal History(Victoria University of Wellington, 2014) Boast, RichardItem Restricted LAWS329: Law: Legal History(Victoria University of Wellington, 2016) Boast, RichardItem Restricted LAWS329: Law: Legal History(Victoria University of Wellington, 2015) Boast, RichardItem Restricted LAWS329: Law: Legal History(Victoria University of Wellington, 2009) Boast, RichardItem Restricted LAWS329: Law: Legal History(Victoria University of Wellington, 2008) Boast, Richard