Browsing by Author "King, Ruby"

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Open Access
Constitutional red tape: Assessing New Zealand's legislative response to the Kaikōura earthquake
(Te Herenga Waka—Victoria University of Wellington, 2017) King, Ruby
This paper examines Parliament’s recent legislative response to the 2016 Hurunui/Kaikōura earthquake. More specifically, it focuses on the delegated legislation making power granted to the executive in the Hurunui/Kaikōura Earthquakes Recovery Act 2016. It assesses the 2016 legislation against the background of the Canterbury earthquake legislation and the criticism that such legislation engendered. This paper addresses three key questions. Firstly, can the criticism directed at the Canterbury legislation be transferred to the Kaikōura legislation. In other words, is the Kaikōura legislation still constitutionally repugnant, and if so, to what degree. Secondly, is such constitutional repugnance able to be justified by the unique and disastrous circumstances. Finally, it asks what more can be done to bring the legislation more into line with fundamental principles, and enable it to be justified. This paper concludes the following. Firstly, the Kaikōura legislation proves to be a significant step forward, but there are aspects that are at odds with fundamental principles. Secondly, such inconsistencies cannot be justified. Finally, this paper makes suggestions for possible reform that still appreciates the Government’s concern.
Open Access
Digital domestic violence: Are victims of intimate partner cyber harassment sufficiently protected by New Zealand's current legislation?
(Te Herenga Waka—Victoria University of Wellington, 2016) King, Ruby
This paper examines the issue of intimate partner cyber harassment and how effectively the issue is dealt with by New Zealand’s legislation. It argues that while not completely futile, the current legislation does not provide sufficient protections for victims. A suite of legislative amendments to the Domestic Violence Act 1995, the Harassment Act 1997 and the Harmful Digital Communications Act 2015 is therefore recommended. The paper begins by outlining the nature of the behaviour constituting intimate partner cyber harassment and its prevalence and impacts on victims. From this, it is argued that effective protections must be established. The current legislation as it stands fails to fully appreciate the complex issue and protections for victims lie behind procedural barriers. Amending existing legislation is the most desirable solution as it enables pre-existing protections to be utilised to more effectively apply to and thus protect victims of intimate partner cyber harassment.