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 coal phase-out treaty: the normative and legal impetus(Te Herenga Waka—Victoria University of Wellington, 2024-10-24) Singh, TanmeetInternational environmental law is failing to address contemporary challenges. In particular, within the climate change regime there is a stagnation in addressing fossil fuel phase-out. The state of international environmental law reflects the shortcomings within the normative and legal environment which prevent meaningful environmental action. This paper addresses the prospects for a coal phase-out treaty through challenging the normative and legal environment. First, the paper proposes building a strong normative basis for a coal phase-out treaty rather than focusing on consensus-based decision-making. A stringent phase-out target, by 2031 (for OECD countries, Eastern Europe and the former Soviet Union with staggered phase-outs for the rest of the world’s regions), led by the most vulnerable states allows for a change in the national interest focused environment. Second, the no-harm rule is proposed as the legal basis. Shaping the no-harm rule to apply to GHG emissions gives the treaty a basis in something more concrete than subjective political and moral considerations. At the same time, the no-harm rule itself can develop as the treaty changes state practice. Finally, the paper assesses how a coal phase-out may be implemented, and how a coal phase-out treaty can overcome normative barriers and the foster political will required to take the legal measures necessary for phase-out.Item Open Access A Defence of the Bar Against Posthumous Defamation Claims in New Zealand: Protecting the Pursuit of Historical Truth(Te Herenga Waka—Victoria University of Wellington, 2024-10-15) Donovan-Grammer, LivThis paper mounts a defence of the current bar against posthumous defamation claims in New Zealand on the ground that this position best protects the work of historians. Cases and legislation in Europe and elsewhere have recognised the harm that defaming a deceased person can have on their living family members or have explicitly allowed posthumous defamation claims. New Zealand law currently bars the continuation or commencement of defamation proceedings after the death of a party. A cause of action in defamation dies unless judgment or verdict has been entered. Although the origins of the common law rule that a personal right of action dies with the person may be doubted, the rule serves unique purposes in the context of defamation, its significance for historians being the focus of this paper. This paper responds to criticisms of the current bar against posthumous defamation claims. It then provides an overview of various developments in defamation and privacy law affecting historians and argues that these indicate that defamation claims surviving death would impede the creation of historical works. Finally, the paper predicts the likely consequences for historians of permitting claims to be continued or commenced. Allowing the commencement of defamation claims would seriously hinder the work of historians, namely the finding of historical truth, particularly in the absense of a historians’ defence. Overall, maintaining the current common law position would best protect historical works.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 Denied: Barriers to Civil Legal Aid and Justice in New Zealand(Te Herenga Waka—Victoria University of Wellington, 2024-10-08) Going-Edwards, JordanThis paper addresses the growing access to justice crisis in New Zealand with a particular focus on civil legal aid. Due to rising legal costs, the civil justice system is becoming largely inaccessible for a substantial portion of the population. Low-to- middle-income New Zealanders are disproportionately affected by the inaccessibility of the system and legal aid’s failures. These individuals are effectively excluded from seeking legal remedies. This exclusion impedes their ability to protect their rights and undermines the rule of law by fostering systemic inequalities. Despite being designed to bridge the ‘justice gap’, the civil legal aid system has been widely criticised for its stringent eligibility criteria, financial disincentives, and the shortage of legal aid lawyers. The shortcomings create substantial barriers to justice. As a result of the inaccessibility, many are turning to self-representation. Part II examines access to justice in New Zealand, beginning with its historical roots and milestones. Part III explores the civil justice system’s significance, highlighting how society's perception of the system contributes to its inaccessibility. Part IV explores the purpose and structure of the civil legal aid system, highlighting the systemic barriers burdening the system. Part V identifies the three primary issues undermining the system: financial burden, eligibility constraints and the shortage of civil legal aid lawyers. This part then discusses the rise in self-representation as a direct consequence of these failures. The paper concludes by holding that the current system is insufficient to provide adequate access to justice.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(1973) Campbell, Ian B.This paper is a commentary on the background to the statute - the Accident Compensation Act 1972 - as well as its nature and scope.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 1972: incorporating the Accident Compensation Act 1973; the Accident Compensation Amendment Act (no. 2) 1973(1974) Campbell, Ian B.This paper was originally presented at a seminar for Trade Union leaders organised by the Industrial Relations Centre and the Department of University Extension. It is a commentary on the Accident Compensation Act 1972, including amendments made to the Act in 1973.Item Open Access The Accident Compensation Act and private hospitals.(Te Herenga Waka—Victoria University of Wellington, 1977) French, Michael Paul.
