ResearchArchive–Te Puna Rangahau
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This collection contains papers, student research outputs and theses authored by University staff and students.
The content in the collection was migrated from http://researcharchive.vuw.ac.nz in 2021.
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Item Open Access The 1951 Refugee Convention : part of New Zealand law(Te Herenga Waka—Victoria University of Wellington, 1992) Davis, Wendy.Item Open Access The 1960 Tsunami in Hawaii: Long Term Consequences of a Coastal Disaster(Te Herenga Waka—Victoria University of Wellington, 2012) Lynham, J; Noy, I; Page, JResearch on the economic and human toll of natural disasters focuses on the short-term, often ignoring the important long-term impacts of these catastrophic events. The main reason for the lack of empirical research on the long-term is the inherent and unavoidable difficulty in identifying any long-term impacts and attributing them to the disaster. On the 23rd of May 1960, a devastating tsunami struck the city of Hilo on the island of Hawaii. Remarkably, there was no significant injury or damage elsewhere in the Hawaiian Islands. This tsunami provides a unique natural experiment as the tsunami was unexpected, and the other Hawaiian Islands, which were not hit by the tsunami, provide an ideal control group that enables us to precisely identify the counter-factual. We use a newly developed synthetic control methodology formalized in Abadie et al. (2010) to measure the long-term impacts of the tsunami. We find that while wages did not decline noticeably, population and employment trends shifted. Fifteen years after the event, unemployment was still 32% higher and population was still 9% lower than it would have been had the tsunami not occurred. We also find a corresponding decrease in the number of employers and sugar production in the county.Item Open Access 1971 survey of international law.(Te Herenga Waka—Victoria University of Wellington, 1978) Ross, Dermot Michael Mabyn.Item Open Access The 1982 - 84 review of export assistance : problems with paradigms(Te Herenga Waka—Victoria University of Wellington, 1985) Mason, Geoffrey M.For some time now, export incentives to non-traditional exports have been an essential part of the Government's development strategy to restore sustainable levels of growth to the economy. New Zealand has had an indifferent record of growth in the 1950s and 1960s and over the last half decade of the 70s, growth has averaged less than 1% per year or under a third of the OECD average. This persistently bad record was not because governments of the day gave growth little priority in their programmes. It has been long thought that the major barrier to economic growth is the balance of payments or foreign exchange constraint. The term 'foreign exchange constraint' alludes to the supposedly critical dependence of New Zealand on imports of raw materials (especially oil:) and capital equipment to increase the productive capacity of domestic producers. Too often it seemed, economic growth grounded to a halt as payments for imports pushed ahead of export earnings. This leads to the suggestion that the main way to raise growth performance is to raise the rate of growth of exports and thereby relax the balance of payments constraint...Item Open Access 2010 PhD Conference in Economics and Business - Best Student paper/presentation award to Gabriel Fiuza de Braganca(Te Herenga Waka—Victoria University of Wellington, 2010) de Braganca, Gabriel FiuzaThe 23rd PhD Conference was held between 17-19 November 2010 and involved 31 students from 17 different universities in Australia and New Zealand. 36 discussants from 21 universities and government institutions throughout Australia contributed to the success of the conference. The PhD students the discussants faculty from the Research School of Economics and other economists from around the Australian National University kept attendance at high levels and generated interesting and stimulating discussion around the paper presentations. Many participants commented that the general level of quality of students' papers was very high. In an improvement on past conferences a committee was appointed to judge the best student paper/presentation in an impartial and professional way. Renee Fry of the Australian National University chaired the committee which also consisted of Jennifer Foster of the University of New South Wales Laurent Pauwels of the University of Sydney and Graeme Wells of the University of Tasmania. In the end two papers were chosen for the prize: Gabriel Fiuza de Braganca PhD Student with ISCR/SEF at Victoria University of Wellington. 'Can Market Power in the Electricity Spot Market Translate into Market Power in the Hedge Market?' Jason Ng Monash University. 'Non-Parametric Estimation of Forecast Distributions in Non-Gaussian State Space Models.'Item Open Access A Guide to Information and Research in Industrial Relations(Industrial Relations Centre, [1993]) Industrial Relations CentreThe purpose of this guide is to provide some assistance to students with sources - primary and secondary, where they may be found and, generally, to assist research endeavours. It outlines the resources offered by Victoria University - including recently introduced databases, source materials you may find helpful, libraries that may hold relevant material, and some examples of other organisations you may wish to approach.Item Open Access A profile of voluntary collective bargaining in New Zealand(Industrial Relations Centre, 1981) Smith, David F.; Turkington, Don J.The purpose of this paper is to present a descriptive and non-technical account of voluntary collective bargaining in New Zealand, using data gathered in the course of the authors' recent major survey of the field. Since many of the fmdings concerning the theoretical propositions, which this survey was primarily intended to test, have already been published elsewhere, this paper will confine itself to those descriptive aspects of bargaining likely to be of general interest to negotiators and others wishing to learn more about voluntary collective bargaining in New Zealand. Sections have been included on the background to the study and on the process of collective bargaining, in addition to the actual findings from the study itself relating to demographic information, the nature of voluntary collective bargaining, the parties' approach to bargaining, conditions underlying the negotiations, the climate of the relationship between and within sides, bargaining procedures and judgements about the results of bargaining.Item Open Access ABAC, APEC and Exporters: New opportunities for Businesses(Te Herenga Waka—Victoria University of Wellington, 2019) Leyton, LoretoItem Open Access Absolute discretion and the rule of law: Uneasy bedfellows(Te Herenga Waka—Victoria University of Wellington, 2016) Leggat, Antonia"Absolute discretion" in decision-making under the Immigration Act 2009 is intended to generate administrative efficiency and balance individual and national interests. While New Zealand courts have reached a consensus that the use of absolute discretion does not create ouster clauses and Immigration New Zealand's internal instructions have also eroded the absolute nature, each of them have differed their definitions of the scope of absolute discretion over time, within the same sections and over the whole Act. This paper proposes that the uncertainty surrounding absolute discretion's precise meaning—both within and between the varying definitions provided by the Legislature, Judiciary and Executive—threatens the vital rule of law concept of legal certainty. Considering the potential encroachment of unrestrained absolute discretion on international obligations, human rights and access to information, clarity is essential. Two steps could be taken to enhance clarity, with minimal impingement on the Act's policy: removal of the descriptive "absolute"; and clarification, in regulations, of the mandatory considerations, recording standards and extra-legislative factors to which must be given effect within each decision made in absolute discretion.Item Open Access Abuse in Foster Care and Potential Liability for Local Authorities: Can liability be imposed through vicarious liability or a non-delegable duty?(Te Herenga Waka—Victoria University of Wellington, 2016) Overall, LindaIn NA v Nottinghamshire County Council [2015] EWCA Civ 1139 the claimant attempted to sue the Nottinghamshire local authority through vicarious liability or alternatively non-delegable duties for the abuse she suffered at the hands of foster parents in two separate homes that she was placed in. This paper analyses the NA decision which rejected local authority liability under either claim. The article attempts to delineate an understanding of both doctrines, which remain contested within the judicial and academic communities. Through this understanding, and analysis of case law attempting to set down methodology and form within both doctrines, the article will show that recent decisions in both areas have followed instrumentalist reasoning rather than being based on principle. In an age where claims of abuse within foster care are likely to become more prevalent these questions need to be analysed and considered carefully in order to preserve the integrity of both private law doctrines, as well as to provide reasonable and justifiable precedent for future claims and claimants. The author argues that the better theory is that liability should have been imposed on the local authority under the non-delegable duty claim which works both in principle and in policy.Item Open Access Academic agency and leadership in Tourism higher education(Te Herenga Waka—Victoria University of Wellington, 2013) Schott, C.This paper explores the leadership agency of tourism faculty in higher education and recommends actions to enhance leadership for social change. Based on a review of literature grounded within an agency perspective, a conceptual framework is presented that identifies systemic and individual influences on leadership. Three types of freedom for faculty to engage in leadership behaviors arise: (1) the capacity of the individual to lead; (2) the freedom afforded by the organizational context to lead in accordance with one’s capacity to lead; and (3) the social freedom to lead derived from each faculty member’s disciplinary and departmental norms and structures.Item Open Access ACC For the Cows? Analysing How Best to Deal with Losses Caused by Biosecurity Breaches(Te Herenga Waka—Victoria University of Wellington, 2018) Moore, AlexandraSince 2010, New Zealand has suffered a number of biosecurity breach events causing losses to primary industries. The response decisions from the Ministry for Primary Industries have had huge impacts on different sectors ability to recover their losses. This paper considers the current approach to recovering financial losses caused by biosecurity breaches. It evaluates the options available for reform; Negligence claims, comprehensive state compensation schemes, private insurance and improving the existing scheme. The ability for capped state compensation schemes to share costs according to benefits gained, increase certainty and consistency in the application of compensation and the avoidance of long drawn out negligence cases makes it the most viable solution to these compensation issues.Item Open Access ACC Stocktake: Opportunities for Improvement(Te Herenga Waka—Victoria University of Wellington, 2011) Quigley, NeilIn December 2010 the Government released the report of the group established to undertake the Stocktake of the ACC Accounts titled "Accident Compensation Services in New Zealand: The Performance of the ACC Scheme and Opportunities for Improvement". This seminar will cover those aspects of this report that relate to the structure of the ACC scheme and in particular provide an economic analysis of the approach adopted in the original Woodhouse report: public monopoly provision segmentation from other insurance markets the boundaries established between accidents health and social welfare the distinction between social welfare social insurance and private insurance schemes and premiums that fully fund the cost of accidents.Neil Quigley is Professor of Economics and Deputy Vice-Chancellor (Research) at Victoria University of Wellington. He was a member of the ACC Stocktake group and the author of its reports.Item Open Access Access to essential facilities in New Zealand, Australia, Europe and Germany(Te Herenga Waka—Victoria University of Wellington, 2002) Peters, Carsten.Item Open Access Accessibility, commuting and the car ownership decision(Te Herenga Waka—Victoria University of Wellington, 2013) Mairead De Roiste; Daglish, Toby; Yigit Saglam; Richard LawRising fuel prices, costly transport infrastructure, congestion, external environmental impacts and impending peak oil difficulties highlight the importance of understanding the economic decisions behind commuting patterns. Where a person lives and works are important factors in an individual's transport decision and are key determinants for car ownership. However these spatial factors are interlinked and an individuals residential location is also determined by where they work and their transport choices among other factors. Households are also likely to compromise on their commuting, car ownership and residential choices according to the needs of multiple members of the household.Item Open Access The Accident Compensation Act 1972 : some administrative law implications.(Te Herenga Waka—Victoria University of Wellington, 1977) Kite, Peter Douglas.Item Open Access The Accident Compensation Act and private hospitals.(Te Herenga Waka—Victoria University of Wellington, 1977) French, Michael Paul.Item Open Access The Accident Compensation Act, widows and widowers provisions - a need for revision.(Te Herenga Waka—Victoria University of Wellington, 1975) Marks, Susan Clare.Item Open Access The Accident Compensation Scheme and Unfunded Liability(Te Herenga Waka—Victoria University of Wellington, 1998) Evans, LewisThe ACC is currently funded on a pay-as-you-go (pay-go) basis. This means that levies on participants in the scheme cover only its current period operating costs. In the past these costs have been lower than the amount required to fully fund the cost of the new claims being added to the ACC each year. This has created a $7.5 billion unfunded liability that the government must address as part of any long term reform of the ACC. The introduction of competitive private delivery of the Employers' Account of the ACC requires that all future participation by employers be on a fully funded premium basis. What should the government do with the unfunded liability of the Employers' Account at the time that competition is introduced? This paper argues that if the government wants to create an efficient accident compensation market for employers it should not levy current employers for this unfunded liability. The government should not in any way entangle the funding of past liabilities with the operation of the ongoing competitive market.Item Open Access Accident Compensation: The Role of Incentive Consumer Choice and Competition(Te Herenga Waka—Victoria University of Wellington, 2003) Quigley, Neil; Evans, LewisWith the exception of the introduction of experience-rated premiums the incorporation of the term "insurance" in the title of the 1992 legislation and the short-lived reforms to the structure of workplace accident compensation in 1998 New Zealand's accident compensation scheme has continued to adhere to the principles laid down in the Woodhouse Report. In particular public monopoly provision comprehensive coverage and mandatory purchase separation from other segments of the market for personal risk (where private insurance companies operate) and cross-subsidies between different categories of insured risk were explicit components of Woodhouse's conception of the scheme. Retention of these aspects of the scheme has been justified by the claim that accident compensation is a component of the social welfare net rather than an insurance scheme and that the social welfare approach is superior from the point of view of those covered by the scheme.This paper reviews three of the economic issues raised by the structure of our accident compensation scheme: the role of incentives the relationship with the broader insurance market and the costs of government monopoly provision. We use our analysis of these issues to consider the veracity of the claim that potential accident victims in New Zealand benefit from our adherence to the principles laid out by the Woodhouse Report. We conclude that the current structure of our scheme creates perverse incentives that substantially reduce its efficiency while also denying those covered by the scheme the potential benefits that would come from consumer choice among competing providers offering a broader range of risk products.
