The Dominion State at War Tristan Cordelia Egarr
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Justice Joe Williams
Managing the collision between two worlds First Law of Aotearoa 1200-1840 . Kupe’s laws . Adapted to new conditions . A system of values and principles for the organisation and administration of kin communities . Whanaungatanga – centrality of kinship and careful attention to relationships . Mana – principles of leadership and individual dignity . Tapu – behavioural control and sacred/ profane divide . Utu – reciprocity obligation . Kaitiakitanga – obligation to care for one’s own Flexible and consensus based within a system that naturally defers to mana and collective will Second Law of New Zealand 1840-1985 . Central authority with unrelated officials dispensing its law . Individual dignity and autonomy of subjects/ citizens . Economic and some social relationships among people defined by contract . Relationships with the environment, moveables and (eventually) intangibles defined through concept of property First and Second Laws collide . Treaty is a legal nullity – Māori rights are statutory only; otherwise Crown ‘of necessity is to be the sole arbiter of its own justice’ . Native title not justiciable except through statute – recognition conditional on detribalisation of title . Recognition of tikanga is temporary expedient on a linear path to extinction and assimilation – NLC applies custom to extinguish it; quasi custom RM courts eventually abolished; autonomous native districts under s 71 Constitution Act never implemented Whanaungatanga . Whanaungatanga rendered redundant as determinant of rights . Property rights take over . Whanaungatanga removed as a driver of wealth . Wage labour takes over . Whanaungatanga removed as a mechanism of social control . Police and the courts take over Third Law of Aotearoa-New Zealand 1985-present New legal culture in which tikanga mainstreamed . Reinvention of Treaty as creature of law and Treaty settlement process created – Waitangi Tribunal . -
A Sea of Blue at Eden Park
January 30 - February 5, 2020 | Every Thursday Vol. 2 | No. 67 | FREE www.indiannews.co.nz indiannews.nz indiannews_nz indiannewz theindiannews Ph: +64 9 846 8080 FOR YOUR BUSINESS & LIABILITY INSURANCE Call or make an appointment for FREE QUOTE to review your current insurance JUST ONE PLACE Contact Ram - P: 09-846 9934 | E: [email protected] FOR ALL FINANCIAL SERVICES YOU NEED Mortgage Brokers Insurance Brokers Accountants Asset Finance Brokers For Quality Insurance and HEAD OFFICE BRANCH OFFICE 35 Morningside Drive, St. Lukes Level 1/203 Great South Road PROFESSIONAL Quick Claims Mt. Albert, Auckland Manurewa, Auckland FINANCIAL Settlement Ph: 09 846 9934, Fax: 09-846 9936 Ram Vashist Ravi Mehta Rohit Takyar Ameesha Sachdev SOLUTIONS GROUP M: 021 401 535 M: 021 181 0076 M: 021 172 8962 M: 027 540 5748 www.professionalfinancial.co.nz | Email: [email protected] A sea of blue Vyom People First Mitra - at Eden Park India's first robot 'astronaut' (On pg. 8) Choose the company that puts People First • Full Property Management • 50% Discount on Letting fees • 23 Months no Management fees • Tenant selection service (On pg. 19) • Help with building Holi season investment portfolio India storms starts (On pg. 6) For more information contact Kris or Peter on 0800 99 88 66 or into Under-19 [email protected] (On pg. 19) World Cup semis LOOKING FOR Call or Quality childcarewith email us NOW! lower child to educator • Chinese New Year AQUALITY ratio guaranteed celebrations in NZ(Pg.9) Personalised CHILDCARE? learning plan • Republic Day celebrations(Pg.11) Extended hours Monday -Saturday Mahatma Gandhi's life in pictures 7am-10pm Ask for a free trial NOW! HR 20 hours free ECE 20 and WINZ subsidies ECE PH: 09 869 8700 Email: [email protected] No extra charges Terms and conditions apply* forlatepickup www.mothersnest.co.nz People First Real Estate Ltd Licensed REAA 2008 facebook/mothersnest (On pg. -
Bromley Cemetery Guide
Bromley Cemetery Tour Compiled by Richard L. N. Greenaway June 2007 Block 1A Row C No. 33 Hurd Born at Hinton, England, Frank James Hurd emigrated with his parents. He worked as a contractor and, in 1896, in Wellington, married Lizzie Coker. The bride, 70, claimed to be 51 while the groom, 40, gave his age as 47. Lizzie had emigrated on the Regina in 1859 with her cousin, James Gapes (later Mayor of Christchurch) and his family and had already been twice-wed. Indeed, the property she had inherited from her first husband, George Allen, had enabled her second spouse, John Etherden Coker, to build the Manchester Street hotel which bears his name. Lizzie and Frank were able to make trips to England and to Canada where there dwelt Lizzie’s brother, once a member of the Horse Guards. Lizzie died in 1910 and, two years later, Hurd married again. He and his wife lived at 630 Barbadoes Street. Hurd was a big man who, in old age he had a white moustache, cap and walking stick. He died, at 85, on 1 April 1942. Provisions of Lizzie’s will meant that a sum of money now came to the descendants of James Gapes. They were now so numerous that the women of the tribe could spend their inheritance on a new hat and have nothing left over. Block 2 Row B No. 406 Brodrick Thomas Noel Brodrick – known as Noel - was born in London on 25 December 1855. In 1860 the Brodricks emigrated on the Nimrod. As assistant to Canterbury’s chief surveyor, J. -
From Legislative Machine to Representative Forum? Procedural Change in the New Zealand Parliament in the Twentieth Century
From legislative machine to representative forum? Procedural change in the New Zealand parliament in the twentieth century John E Martin* This article analyses procedural developments in the New Zealand parliament in the twentieth century to assess the shifting balance between government and parliament. A previous article in this journal documented how the government began to move to centre stage by the late nineteenth century. 1 This shift was consolidated in the first half of the twentieth century. A similar transition was evident in the British House of Commons and in other parliaments as the powers of the central state were extended: ‘A traditionally obstructive [legislative] procedure ... was transformed into a procedure which facilitated constructive criticism of the financial and legislative proposals of politically responsible governments, whilst severely restricting the opportunities of private Members to legislate.’2 This change was associated with a diminishing role for backbench private members and a strengthening of political party organisation in parliament. In New Zealand this came about at the turn of the twentieth century as the decayed factional system of politics was replaced by that of parties. (Previously political leaders assembled loose groups of supporters — factions — which gave them majorities in the House of Representatives. This form of politics broke down during the depression of the 1880s.) Associated with this change there was a gradual tacit recognition that the nature of obstruction of business should change as both governing and opposition parties considered that their work in parliament was orientated more towards the business of governing (and winning elections) than to demonstrating parliamentary independence. -
DEPA Treaty of Waitangi New Zealand August 2019
DEPA IN CONFIDENCE Digital Economy Partnership Agreement (DEPA) Non-Paper from New Zealand: The Treaty of Waitangi August 2019 Text for DEPA: Treaty of Waitangi 1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi. 2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. [Cross reference TBC] shall otherwise apply to this Article. A panel established under [Cross reference TBC] may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party’s rights under this Agreement. Note that the text used for DEPA is the same as text in the P4, CPTPP and Singapore- New Zealand FTA but would be updated if no dispute settlement provisions. Summary The Treaty of Waitangi (the Treaty) is a founding document of New Zealand of the greatest constitutional importance. The Treaty provides a framework for the ongoing relationship of partnership between the Crown (represented by the Government of New Zealand) and Māori, the indigenous people of New Zealand. As part of the principle of partnership between the two signatories of the Treaty, it is important that recognition be given to the special place of the Treaty in New Zealand. -
Hagley Oval Section 71 Proposal - Further Information Available
SUBMISSION ON S71 CHANGES TO THE DISTRICT PLAN - HAGLEY OVAL. My name iss9(2)(a I was part of a group that took part in the Environment Court EC and attended each day for 5 weeks. I learned during that case and subseq uently, to be wary of anything Canterbury Cricket Trust CCT says and even more so what they don't say. I have put in a submission on behalf of HO H, concentrating on amenity. This is my personal submission dealing with the proposed changes requested by CCT and their impact on Hagley Park and its other users. I believe that the use of S71 in this instance is wrong. The ability to question expert evidence and present opposing expert evidence is essential in this sensitive proposal. The RMA is the vehicle t hat can provide this. The minister is no doubt aware of the section in the letter of expectation that advises her regarding the use of S71, where the RMA could be used instead. Also the amendment to the Regenerate act proposed by the current minister Megan Wood and passed unanimously by Parliament protecting Hagley Park from the Regen Act. https://www.parliament.nz/en/pb/hansard This states: "But what we are saying is that when it comes to Hagley Park and the protections that have been built up over that piece of land, it actually is time to return to business as usual. When it comes to that particular taonga in the centre of our city, we do need to be able to say, it is if the earthquakes never happened and it is as if the bespoke legislation that is put in place to aid our recovery and our regeneration does not exist...." And.. -
The Comparative Politics of E-Cigarette Regulation in Australia, Canada and New Zealand by Alex C
Formulating a Regulatory Stance: The Comparative Politics of E-Cigarette Regulation in Australia, Canada and New Zealand by Alex C. Liber A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Health Services Organizations and Policy) in The University of Michigan 2020 Doctoral Committee: Professor Scott Greer, Co-Chair Assistant Professor Holly Jarman, Co-Chair Professor Daniel Béland, McGill University Professor Paula Lantz Alex C. Liber [email protected] ORCID iD: 0000-0001-7863-3906 © Alex C. Liber 2020 Dedication For Lindsey and Sophia. I love you both to the ends of the earth and am eternally grateful for your tolerance of this project. ii Acknowledgments To my family – Lindsey, you made the greatest sacrifices that allowed this project to come to fruition. You moved away from your family to Michigan. You allowed me to conduct two months of fieldwork when you were pregnant with our daughter. You helped drafts come together and were a constant sounding board and confidant throughout the long process of writing. This would not have been possible without you. Sophia, Poe, and Jo served as motivation for this project and a distraction from it when each was necessary. Mom, Dad, Chad, Max, Julian, and Olivia, as well as Papa Ernie and Grandma Audrey all, helped build the road that I was able to safely walk down in the pursuit of this doctorate. You served as role models, supports, and friends that I could lean on as I grew into my career and adulthood. Lisa, Tony, and Jessica Suarez stepped up to aid Lindsey and me with childcare amid a move, a career transition, and a pandemic. -
Politician Overboard: Jumping the Party Ship
INFORMATION, ANALYSIS AND ADVICE FOR THE PARLIAMENT INFORMATION AND RESEARCH SERVICES Research Paper No. 4 2002–03 Politician Overboard: Jumping the Party Ship DEPARTMENT OF THE PARLIAMENTARY LIBRARY ISSN 1328-7478 Copyright Commonwealth of Australia 2003 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent of the Department of the Parliamentary Library, other than by Senators and Members of the Australian Parliament in the course of their official duties. This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document. IRS staff are available to discuss the paper's contents with Senators and Members and their staff but not with members of the public. Published by the Department of the Parliamentary Library, 2003 I NFORMATION AND R ESEARCH S ERVICES Research Paper No. 4 2002–03 Politician Overboard: Jumping the Party Ship Sarah Miskin Politics and Public Administration Group 24 March 2003 Acknowledgments I would like to thank Martin Lumb and Janet Wilson for their help with the research into party defections in Australia and Cathy Madden, Scott Bennett, David Farrell and Ben Miskin for reading and commenting on early drafts. -
In Defence of the Alterfactual in Historical Analysis Darlington, RR
In defence of the alterfactual in historical analysis Darlington, RR Title In defence of the alterfactual in historical analysis Authors Darlington, RR Type Article URL This version is available at: http://usir.salford.ac.uk/id/eprint/10094/ Published Date 2006 USIR is a digital collection of the research output of the University of Salford. Where copyright permits, full text material held in the repository is made freely available online and can be read, downloaded and copied for non-commercial private study or research purposes. Please check the manuscript for any further copyright restrictions. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. In Defence of the Alterfactual in Historical Analysis In recent years a small number of so-called ‘counterfactual’ or ‘what-if’ historical books, which ask us to imagine what would have happened if events in the past had turned out differently than they did, have been published. They have stimulated an important, albeit not entirely new, methodological debate about issues and questions which are (or should be) of central relevance to the work of socialist historians, and which such historians need to engage with and contribute towards. This brief discussion article attempts to do this by presenting one particular Marxist viewpoint, with the hope and expectation others (hopefully supportive but possibly critical of the argument presented here) will follow. In the process, it examines the past use (and abuse) of the counterfactual within historical analysis, presents an argument for the validity of a refined and renamed ‘alterfactual’ approach, and examines the use of such an alterfactual approach to the British miners’ strike of 1984-5. -
Stakeholder Engagement Strategies for Designating New Zealand Marine Reserves
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ResearchArchive at Victoria University of Wellington Stakeholder engagement strategies for designating New Zealand marine reserves: A case study of the designation of the Auckland Islands (Motu Maha) Marine Reserve and marine reserves designated under the Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 Thesis submitted in partial fulfilment of the requirements for the Degree of Master of Development Studies at Victoria University of Wellington By James Mize Victoria University of Wellington 2007 "The use of sea and air is common to all; neither can a title to the ocean belong to any people or private persons, forasmuch as neither nature nor public use and custom permit any possession thereof." -Elizabeth I of England (1533-1603) "It is a curious situation that the sea, from which life first arose should now be threatened by the activities of one form of that life. But the sea, though changed in a sinister way, will continue to exist; the threat is rather to life itself." - Rachel Carson , (1907-1964) The Sea Around Us , 1951 ii Abstract In recent years, marine reserves (areas of the sea where no fishing is allowed) have enjoyed increased popularity with scientists and agencies charged with management of ocean and coastal resources. Much scientific literature documents the ecological and biological rationale for marine reserves, but scholars note the most important consideration for successful establishment reserves is adequate involvement of the relevant stakeholders in their designation. Current guidance for proponents of marine reserves suggests that to be successful, reserves should be designated using “bottom-up” processes favouring cooperative management by resource-dependent stakeholders, as opposed to “top-down” approaches led by management agencies and international conservation organizations. -
A Diachronic Study of Unparliamentary Language in the New Zealand Parliament, 1890-1950
WITHDRAW AND APOLOGISE: A DIACHRONIC STUDY OF UNPARLIAMENTARY LANGUAGE IN THE NEW ZEALAND PARLIAMENT, 1890-1950 BY RUTH GRAHAM A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in Applied Linguistics Victoria University of Wellington 2016 ii “Parliament, after all, is not a Sunday school; it is a talking-shop; a place of debate”. (Barnard, 1943) iii Abstract This study presents a diachronic analysis of the language ruled to be unparliamentary in the New Zealand Parliament from 1890 to 1950. While unparliamentary language is sometimes referred to as ‘parliamentary insults’ (Ilie, 2001), this study has a wider definition: the language used in a legislative chamber is unparliamentary when it is ruled or signalled by the Speaker as out of order or likely to cause disorder. The user is required to articulate a statement of withdrawal and apology or risk further censure. The analysis uses the Communities of Practice theoretical framework, developed by Wenger (1998) and enhanced with linguistic impoliteness, as defined by Mills (2005) in order to contextualise the use of unparliamentary language within a highly regulated institutional setting. The study identifies and categorises the lexis of unparliamentary language, including a focus on examples that use New Zealand English or te reo Māori. Approximately 2600 examples of unparliamentary language, along with bibliographic, lexical, descriptive and contextual information, were entered into a custom designed relational database. The examples were categorised into three: ‘core concepts’, ‘personal reflections’ and the ‘political environment’, with a number of sub-categories. This revealed a previously unknown category of ‘situation dependent’ unparliamentary language and a creative use of ‘animal reflections’. -
Common Place: Rereading 'Nation' in the Quoting Age, 1776-1860 Anitta
Common Place: Rereading ‘Nation’ in the Quoting Age, 1776-1860 Anitta C. Santiago Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2014 © 2014 Anitta C. Santiago All rights reserved ABSTRACT Common Place: Rereading ‘Nation’ in the Quoting Age, 1776-1860 Anitta C. Santiago This dissertation examines quotation specifically, and intertextuality more generally, in the development of American/literary culture from the birth of the republic through the Civil War. This period, already known for its preoccupation with national unification and the development of a self-reliant national literature, was also a period of quotation, reprinting and copying. Within the analogy of literature and nation characterizing the rhetoric of the period, I translate the transtextual figure of quotation as a protean form that sheds a critical light on the nationalist project. This project follows both how texts move (transnational migration) and how they settle into place (national naturalization). Combining a theoretical mapping of how texts move and transform intertextually and a book historical mapping of how texts move and transform materially, I trace nineteenth century examples of the culture of quotation and how its literary mutability both disrupts and participates in the period’s national and literary movements. In the first chapter, I engage scholarship on republican print culture and on republican emulation to interrogate the literary roots of American nationalism in its transatlantic context. Looking at commonplace books, autobiographies, morality tales, and histories, I examine how quotation as a practice of memory impression functions in national re-membering.