Browsing by Author "Shand, Cecilia"

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The Marine and Coastal Area (Takutai Moana) Bill 2010
(Te Herenga Waka—Victoria University of Wellington, 2010) Shand, Cecilia
The Marine and Coastal Area (Takutai Moana) Bill (the Bill) was introduced to parliament for its first reading on September 15, 2010. If it is enacted, it will repeal and replace the scheme put in place by the Foreshore and Seabed Act 2004 (The 2004 Act). The Bill seeks to govern the relationship between Māori and the British Crown (the Crown) in New Zealand. The Treaty of Waitangi is seen as the founding document of this relationship, giving rise to rights and obligations, of which it is now necessary to define, in a modern context. This paper will analyse the new Bill in relation to the rights and obligations the Crown have towards Māori as a partner due to the relationship created by the Treaty of Waitangi. This paper concludes that the Bill falls short of these obligations through the simply addressing the immediate issues in the current legislation, rather than addressing the relationship between the two Treaty signatories
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The Purpose and Aim of a Satire Exception in New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2010) Shand, Cecilia
John Clarke, voted favourite living Kiwi comedian, wrote “[t]he New Zealand sense of humour is said to be laconic, understated and self-deprecating”. He went on to say “the same claim is not unreasonably made for the humour of the Scots, the Irish, the English, the Australians, the Russians, the Canadians and the Ancient Greeks, among others” . We may be deprecating of our own humour via satirical commentary, but if we choose do so by use of someone elses’ copyright, we are acting unlawfully. Other jurisdictions have also been grappling with the inclusion of such an exception for satire, in 2006 Australia introduced legislation protecting satire and parody2, Canada is working through recently tabled legislation which allows it, and United Kingdom has been conducting surveys for the last five years3. In New Zealand in our recent round of copyright amendments the subject of parody and satire was mooted but not included in the legislative changes.
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A Reasonable Fee: Regulation of Collecting Societies in New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2010) Shand, Cecilia
This paper will seek to illuminate what constitutes a reasonable fee in the context of a Copyright Tribunal determination. It will specifically analyse the recent determination of the Tribunal of the licensing scheme for commercial radio stations. The nature of the collecting societies, and the commercial radio environment will be canvassed. The case facts will be noted, and an analysis of the decision. Further there will be an analysis of the test in other jurisdictions, and other alternative revenues for disputes resolution.