Browsing by Author "Sweetman, Claire"

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Fiscal Sustainability Versus Fundamental Human Rights: Achieving the Right Balance for Criminal Legal Aid in New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2012) Sweetman, Claire; Tokeley, Kate
Access to justice is a fundamental human right and an essential element of any fair society. It is safeguarded, in part, by the delivery of state-funded legal aid. In recent years, legal aid expenditure has dramatically increased and the New Zealand Government has proposed a number of changes to the scheme to ensure fiscal sustainability into the future. These changes, contained within the Legal Assistance (Sustainability) Amendment Bill 2011, stand in conflict with the Government’s domestic and international obligations to protect access to justice. In particular, the Government has a specific responsibility to safeguard Maori interests under the Treaty of Waitangi. Maori suffer from over-representation in the criminal justice system and could be disproportionately affected by changes to the legal aid scheme. Without legal assistance, many defendants will struggle to acquire legal representation and may have to resort to self-representation or guilty pleas. Even where defendants qualify for legal assistance, interest-bearing debt is likely to introduce an unserviceable financial burden. This paper will consider whether New Zealand can truly “afford” the proposed amendments to criminal legal aid in light of the potential negative effects. Alternative solutions should be carefully considered before commencing changes that will significantly erode access to justice.
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Safe Deliveries?: a Review of New Zealand's Midwifery Regulation through the Lens of the Health and Disability Commissioner
(Te Herenga Waka—Victoria University of Wellington, 2013-01-01) Sweetman, Claire
Although birth is a fundamental part of the life process, competing factions within the health profession struggle to agree on the best way to deliver maternity services. Despite this long-standing tension, the midwifery-led model has dominated New Zealand’s maternity system for more than two decades with the majority of consumers expressing satisfaction with the care provided. Unfortunately for a small number of mothers and babies the pregnancy and birth experience is not a positive one and families are left suffering life-long, and often tragic, consequences. As one of the main consumer watchdogs in New Zealand, the Health and Disability Commissioner is charged with investigating claims of poor quality healthcare. This paper examines the central themes in the Commissioner’s reports on substandard midwifery practice and proposes a number of regulatory solutions to the issues involved. Working in unison, these amendments have the potential to ease the pressure placed on midwives; enhance interprofessional relationships; improve practitioner competence; and increase overall compliance with the Code of Health and Disability Services Consumers’ Rights. By implementing these changes, the New Zealand Government could safeguard valuable midwifery-based principles whilst still ensuring that high quality maternity care is provided to all of the country’s mothers and babies.