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Innovation in New Zealand Statute Law
WHAT IS DISTINCTIVE ABOUT NEW ZEALAND LAW AND THE NEW ZEALAND WAY OF DOING LAW - INNOVATION IN NEW ZEALAND STATUTE LAW Rt Hon Sir Geoffrey Palmer President, Law Commission Paper delivered to celebrate the 20th anniversary of the Law Commission, Legislative Council Chamber, Parliament Buildings, Wellington, 25 August 2006 What is this paper about? 1 The threshold question is to define what this paper is about.1 Tests as to what is innovative tend to be subjective. What is meant by “innovative” in the first place? The Oxford English Dictionary makes it plain that innovation is the action of innovating; the introduction of novelties; the alteration of what is established by the introduction of new elements or forms. In one sense, every statute is an innovation. The term is also susceptible to a distinction between those statutes that are innovative as to form and those that are innovative as to policy. Some statutes are known for the novelty and boldness of their policy. Others for the use of intricate and novel legislative techniques, for example the claw back provisions of the Treaty of Waitangi (State Enterprises) Act 1988.2 Some lawyers may admire particular legislative techniques that have no great impact except to implement faithfully the policy of the Act. And that policy may be of no great significance. On the other hand, statutes that are simple in drafting terms may raise enormous controversy leading to a difficult and long parliamentary passage. 2 Contemplating the difficulty of selection, I informally surveyed the Law Commission lawyers as to what they considered to be the three top innovative pieces of legislation in New Zealand. -
New Zealand Hansard Precedent Manual
IND 1 NEW ZEALAND HANSARD PRECEDENT MANUAL Precedent Manual: Index 16 July 2004 IND 2 ABOUT THIS MANUAL The Precedent Manual shows how procedural events in the House appear in the Hansard report. It does not include events in Committee of the whole House on bills; they are covered by the Committee Manual. This manual is concerned with structure and layout rather than text - see the Style File for information on that. NB: The ways in which the House chooses to deal with procedural matters are many and varied. The Precedent Manual might not contain an exact illustration of what you are looking for; you might have to scan several examples and take parts from each of them. The wording within examples may not always apply. The contents of each section and, if applicable, its subsections, are included in CONTENTS at the front of the manual. At the front of each section the CONTENTS lists the examples in that section. Most sections also include box(es) containing background information; these boxes are situated at the front of the section and/or at the front of subsections. The examples appear in a column format. The left-hand column is an illustration of how the event should appear in Hansard; the right-hand column contains a description of it, and further explanation if necessary. At the end is an index. Precedent Manual: Index 16 July 2004 IND 3 INDEX Absence of Minister see Minister not present Amendment/s to motion Abstention/s ..........................................................VOT3-4 Address in reply ....................................................OP12 Acting Minister answers question......................... -
Is There a Civil Religious Tradition in New Zealand
The Insubstantial Pageant: is there a civil religious tradition in New Zealand? A thesis submitted in partial fulfilment of the requirements for the degree of Master of Arts in Religious Studies in the University of Canterbury by Mark Pickering ~ University of Canterbury 1985 CONTENTS b Chapter Page I (~, Abstract Preface I. Introduction l Plato p.2 Rousseau p.3 Bellah pp.3-5 American discussion on civil religion pp.S-8 New Zealand discussion on civil religion pp.S-12 Terms and scope of study pp.l2-14 II. Evidence 14 Speeches pp.lS-25 The Political Arena pp.25-32 Norman Kirk pp.32-40 Waitangi or New Zealand Day pp.40-46 Anzac Day pp.46-56 Other New Zealand State Rituals pp.56-61 Summary of Chapter II pp.6l-62 III. Discussion 63 Is there a civil religion in New Zealand? pp.64-71 Why has civil religion emerged as a concept? pp.71-73 What might be the effects of adopting the concept of civil religion? pp.73-8l Summary to Chapter III pp.82-83 IV. Conclusion 84 Acknowledgements 88 References 89 Appendix I 94 Appendix II 95 2 3 FEB 2000 ABSTRACT This thesis is concerned with the concept of 'civil religion' and whether it is applicable to some aspects of New zealand society. The origin, development and criticism of the concept is discussed, drawing on such scholars as Robert Bellah and John F. Wilson in the United States, and on recent New Zealand commentators. Using material such as Anzac Day and Waitangi Day commemorations, Governor-Generals' speeches, observance of Dominion Day and Empire Day, prayers in Parliament, the role of Norman Kirk, and other related phenomena, the thesis considers whether this 'evidence' substantiates the existence of a civil religion. -
Friend Or Ally? a Question for New Zealand
.......... , ---~ MeN AIR PAPERS NUMBER T\\ ELVE FRIEND OR ALLY? A QUESTION FOR NEW ZEALAND By EWAN JAMIESON THE INSTI FUTE FOR NATIONAL SI'R-~TEGIC STUDIES ! I :. ' 71. " " :~..? ~i ~ '" ,.Y:: ;,i:,.i:".. :..,-~.~......... ,,i-:i:~: .~,.:iI- " yT.. -.~ .. ' , " : , , ~'~." ~ ,?/ .... ',~.'.'.~ ..~'. ~. ~ ,. " ~:S~(::!?- ~,i~ '. ? ~ .5" .~.: -~:!~ ~:,:i.. :.~ ".: :~" ;: ~:~"~',~ ~" '" i .'.i::.. , i ::: .',~ :: .... ,- " . ".:' i:!i"~;~ :~;:'! .,"L': ;..~'~ ',.,~'i:..~,~'"~,~: ;":,:.;;, ','" ;.: i',: ''~ .~,,- ~.:.~i ~ . '~'">.'.. :: "" ,-'. ~:.." ;';, :.~';';-;~.,.";'."" .7 ,'~'!~':"~ '?'""" "~ ': " '.-."i.:2: i!;,'i ,~.~,~I~out ;popular: ~fo.rmatwn~ .o~~'t,he~,,:. "~.. " ,m/e..a~ tg:,the~6w.erw!~chi~no.wtetl~e.~gi..~e~ ;~i:~.::! ~ :: :~...i.. 5~', '+~ :: ..., .,. "'" .... " ",'.. : ~'. ,;. ". ~.~.~'.:~.'-? "-'< :! :.'~ : :,. '~ ', ;'~ : :~;.':':/.:- "i ; - :~:~!II::::,:IL:.~JmaiegMad}~)~:ib;:, ,?T,-. B~;'...-::', .:., ,.:~ .~ 'z • ,. :~.'..." , ,~,:, "~, v : ", :, -:.-'": ., ,5 ~..:. :~i,~' ',: ""... - )" . ,;'~'.i "/:~'-!"'-.i' z ~ ".. "', " 51"c, ' ~. ;'~.'.i:.-. ::,,;~:',... ~. " • " ' '. ' ".' ,This :iis .aipul~ ~'i~gtin~e ..fdi;:Na~i~real..Sfi'~te~ie.'Studi'~ ~It ;is, :not.i! -, - .... +~l~ase,~ad.~ p,g, ,,.- .~, . • ,,. .... .;. ...~,. ...... ,._ ,,. .~ .... ~;-, :'-. ,,~7 ~ ' .~.: .... .,~,~.:U7 ,L,: :.~: .! ~ :..!:.i.i.:~i :. : ':'::: : ',,-..-'i? -~ .i~ .;,.~.,;: ~v~i- ;. ~, ~;. ' ~ ,::~%~.:~.. : ..., .... .... -, ........ ....... 1'-.~ ~:-~...%, ;, .i-,i; .:.~,:- . eommenaati6'r~:~xpregseff:or ;ii~iplie'd.:;~ifl~in.:iat~ -:: -
Spring Fling
insurance administrator to human resources of the manager, all providing free services to GemThe Alumni Magazine of JacksonvilleHills State University deserving children with Medicaid or ALL- Vol. XIII, No. 2 KIDS insurance. Additional details about the JSU President dreams the center has and the ones they fulfill William A. Meehan, Ed.D., ’72/’76 are located on page 12. Vice President for Institutional Many patients at Erlanger Hospital in Advancement Chattanooga, Tenn. are also benefiting from Joseph A. Serviss, ’69/’75 a JSU alumnus thanks to the skills of Dr. Alumni Association President Stephen Brackett. The feature story on page Sarah Ballard,’69/’75/’82 15 tracks Brackett’s life from his decision to Director of Alumni Affairs and Editor attend JSU to his current life as a hospital Kaci Ogle, ’95/’04 resident. Art Director With a “STEP” in the right direction, Mary Smith, ’93 JSU’s College of Nursing and Health Sciences Staff Artists Dr. William A. Meehan, President Strategic Teaching for Enhanced Professional Erin Hill, ’01/’05 Preparation Program (page 18) is succeeding Rusty Hill in helping licensed RNs obtain higher Graham Lewis Dear Alumni, education goals while still fulfilling personal Copyeditor/Proofreader and occupational duties. Sybil Roark tells Gem Erin Chupp, ’05 In this issue, JSU alumni in healthcare how she returned to JSU for her master’s in Gloria Horton professions and the College of Nursing and nursing while working and raising children. In Staff Writers Health Sciences are highlighted as one of this article she explains how she searched for “a Al Harris, ’81/’91 the outstanding sectors of Jacksonville State quality education” and why JSU had “the best Anne Muriithi University. -
Methodist Conference 2016 Te Háhi Weteriana O Aotearoa
Methodist Conference 2016 Te Háhi Weteriana O Aotearoa CONFERENCE SUMMARY ̴ Moored to Christ, Moving into Mission ̴ The Annual Conference of the Methodist Church of New Zealand met at Wesley College in Paerata, Auckland from Saturday 1 October until Wednesday 5 October 2016 The intention of this record is to provide Conference delegates with summary material to report back to their congregations. This needs to be read in conjunction with the Conference sheets, where full lists of people involved, roles, and appointments will be found. That material and the formal record of decisions and minutes taken by Conference secretaries takes precedence over these more informal notes, for historical and legal purposes! Full proceedings and formal records of conference are available on the Methodist website, http://www.methodist.org.nz/conference/2016 Overseas Guests of Conference included: Rev Tevita Banivanua, President, Methodist Church in Fiji Rev Colleen Geyer, General Secretary, Uniting Church in Australia Rev Prof. Robert Gribbon, Official Representative, Uniting Church in Australia Rev Sandy Boyce (Deacon), Presidnet DIAKONIA World Federation, Uniting Church in Australia Rev Wilfred Kurepitu, Moderator, Uniting Church in Solomon Islands Rev Dr Finau ‘Ahio, President, Free Wesleyan Church of Tonga Rev Bill Mullally, President, Methodist Church of Ireland Rev Masunu Utumapu, Superintendent Auckland South Synod for Methodist Church in Samoa Page 1 Observers from Other New Zealand Churches: Sr. Sian Owen, Pompallier Diocesan Centre, Roman Catholic -
Timing Is Everything
Chapter 2 The ANZACS, Part 1—The Frigate that wasn’t a Frigate As long ago as 1954 the cost of replacement frigates had been an issue. Almost a quarter of a century later, the 1978 Defence Review made the observation that `the high costs of acquiring and maintaining modern naval ships and systems compounds the difficulty of reaching decisions which will adequately provide for New Zealand's future needs at sea'.1 Indeed `extensive enquiries to find a replacement for HMNZS Otago made it clear that the cost of a new frigate had gone beyond what New Zealand could afford'.2 This observation led to the serious consideration of converting the Royal New Zealand Navy (RNZN) to a coast guard service, but the Government rejected the notion on the basis that, although a coast guard could carry out resource protection tasks, it would mean the end of any strategic relationship with our ANZUS Treaty partners, and the RNZN would no longer be able to operate as a military force. The Chief of Naval Staff, Rear Admiral Neil D. Anderson, said that the New Zealand Government's commitment to maintaining a professional fighting navy was `a magnificent shot in the arm for everyone in the Navy'.3 The Government remained committed to a compact multi-purpose navy, and calculated that a core operational force of three ships would be the minimum necessary force. These ships were to be the Leander-class frigates HMNZS Waikato and HMNZS Canterbury (commissioned in 1966 and 1971 respectively), and the older Type 12 frigate HMNZS Otago. -
(No. 16)Craccum-1987-061-016.Pdf
T WANTED ST RECOVERY OR ALIVE Sts tl heir res V * , ALSO INSIDE:- ' | # i — Greenpeace on Ice — Crowded House — A World Without Balance — Referendum t. ) : Results J Volume 61 Issue 16 With the release of the Labour Government's policy on education, we see a well executed side-step F e a tu re s away from the issue of user pays in education. Their education policy Trapped in a World itself could be considered as a 'neither confirm nor deny' policy on cost recovery. Though Lange and Without Balance 3 Russell Marshall recently said that Labour has no intention of im l do Einstein, plementing cost recovery in educa S to p Press tion in the near future can we Monet, and Referendum Results believe them, and what exactly is It seems that AUSA Exec has voted (tehurch have in < the near future? Remember the last against the march by a vote of four surface one \ 4 to three. The fourth vote being iculty express election when Labour PROMISED US els... eccentric a living bursary and a fully subsidis Chair's casting vote. What does that, and for Day of Action ed job scheme. They abolished the mean? ter, they are all subsidised job scheme altogether Stop Press le with right bi 7 and have you had a look at your examine the bank balance lately? It seems that some individuals is clear that i Greenpeace on Ice It seems National are just as bad. have decided that the isue is too other feature: Their policy though pledging ac important and have decided to These ar 11 cess to education for all, introduces organise the march with their own the possibility of loans if you study funds. -
Will No Child Be Left Behind? the Politics and History of National Standards and Testing in New Zealand Primary Schools
Will no child be left behind? The Politics and History of National Standards and Testing in New Zealand Primary Schools Howard Lee Introduction: The (re)emergence of National Standards College of Education Not everything that counts can be counted; and not everything that can be Massey University counted counts. (Albert Einstein, n.d.) Gregory Lee Upon launching its policy on National Standards on 10 April 2007 the National Party outlined three key requirements for all primary and intermediate schools: College of Education The University of Canterbury 1. Clear National Standards in reading, writing and numeracy, designed to describe all the things that children should be able to do by a particular age or year at school. They will be defined by benchmarks in a range of tests. Abstract: 2. Effective Assessment that will require primary schools to use assessment The recently elected National programmes that compare the progress of their students with other Government has proceeded, under students across the country. Schools will be able to choose from a range of urgency, to pass the Education tests, but there will be no national examinations. (National Standards) Amendment Bill, 3. Upfront Reporting (in plain language) to give parents the right to see all legislation that seeks to provide specific assessment information, and to get regular reports about their child’s information for both schools and progress towards national standards. Schools will be required to report each parents about how well every primary year on the whole school’s performance against national standards. (2007 Education Policy on National Standards) and intermediate school student (Years 1 to 8) is progressing in literacy and The rationale for National Standards to be introduced into New Zealand schools numeracy compared with other children was signalled clearly in the National Party’s education policy manifesto: of the same age and in relation to clear National Standards will give schools from Kaitaia to Bluff a set of shared national benchmarks. -
The Life and Times of Norman Kirk by David Grant. Auckland: Random House New Zealand, 2014
The Mighty Totara: The Life and Times of Norman Kirk By David Grant. Auckland: Random House New Zealand, 2014. ISBN: 9781775535799 Reviewed by Elizabeth McLeay Norman Kirk left school ‘at the end of standard six with a Proficiency Certificate in his pocket’ (p. 26). He was twelve years old. At the time he entered Parliament, he was a stationary engine driver, an occupation much mocked by the opposing side of New Zealand politics. Kirk was one of the last two working-class prime ministers, the other being Mike Moore, briefly in office during 1990. Not that all prime ministers have had had privileged childhoods: the state house to successful entrepreneur story with its varying narratives has been a continuing leadership marketing theme. But, apart from Moore and Jim Bolger (National Prime Minister between 1990 and 1997), who left school at 15 to work on the family farm—and who owned his own farm by the time he entered Parliament—other New Zealand prime ministers, whether Labour or National, had at least some tertiary education. The early hardship of Kirk’s life, combined with his lifelong appetite for learning shown in the ‘voluminous reading he undertook each week’ (p. 29) strongly influenced his view of politics and indeed his views of the proper role of a political leader. Kirk believed that he must represent the people from whom he came. In this welcome new biography David Grant perceptively relates the moving tale of Kirk’s early life and the extraordinary tale of this remarkable leader’s political career. The author tells us that the ‘essence of this book is an examination of Kirk’s political leadership’ (p.9). -
The Politics of Maori Affairs Policy
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. , I I CLOSING THE GAPS? THE POLITICS OF - MAORI AFFAIRS POLICY A thesis presented in partialfulfi lment of the requirements for the degree of Doctor of Philosophy in Sociology at Massey University, Albany, New Zealand. Louise Virginia Humpage 2002 iii ABSTRACT In searching for ways to decolonise, indigenous peoples have promoted indigenous models of self-determination. Governments, in response, have attempted to protect state legitimacy through the depoliticisation of indigenous claims. An analysis of 'Closing the Gaps', a policy strategy introduced by the Labour-Alliance government in June 2000, illustrates that this has certainly been the case in Aotearoa New Zealand. The policy strategy provides an entry point into exploring the conceptual tensions contained within government policy for Maori, the indigenous peoples of Aotearoa New Zealand. Based on an analysis of government documents and interview data, the thesis focuses on three main initiatives incorporated under the 'Closing the Gaps' umbrella. Each initiative highlights a number of bureaucratic, political and conceptual factors that explain why the strategy failed to match political rhetoric. The thesis argues that, in its eagerness to demonstrate a 'commitment' to Maori, the Labour-Alliance government neglected to distinguish between two different socio political projects. The first, 'social inclusion' for all disadvantaged peoples, was framed by a broader 'social development' approach whose ultimate goal was 'national cohesion'. -
The Iron Rule of Political Contest 33 4 the Everyday Paradox 47 Conclusion to Part One 59
With Respect Parliamentarians, officials, and judges too Mark Prebble Institute of Policy Studies First printed in 2010 Institute of Policy Studies School of Government Victoria University of Wellington PO Box 600 Wellington © Institute of Policy Studies ISBN 978–1–877347–38–2 IPS 167 This book is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced without the permission of the Institute of Policy Studies. Copy editors: Belinda Hill and Victor Lipski Indexer: Diane Lowther Cover design: Milne Print Cover illustration: ‘Benefits of Good Government’ (detail, inverted); tapestry by Mark Prebble based on the painting by Ambrogio Lorenzetti Printed by Milne Print To information and information technology staff in government agencies who ensure government websites have accessible and accurate information. Their efforts contribute to honesty and openness in the New Zealand government Contents Preface vii Contributors xi 1 Introduction 1 Part One: Principle, Contest and Clash: The basics Introduction to Part One 9 2 Constitutional Principles Come from History 11 3 The Iron Rule of Political Contest 33 4 The Everyday Paradox 47 Conclusion to Part One 59 Part Two: Parliament is Sovereign: Or so they say Introduction to Part Two 63 5 Who Makes the Law? 65 6 Who Is in Charge Here? 89 7 Who Makes Things Happen? 105 8 Who Controls Parliament? 119 Conclusion to Part Two 127 Part Three: Parliament in Action Introduction to Part Three 131 9 Making Governments 133 10 Making Laws 147 11 Funding Governments 159 12 Scrutinising Government 173 13 Representation 189 Conclusion to Part Three 207 v With Respect: Parliamentarians, officials, and judges too Part Four: Conclusion 14 Conclusion: Their parliament, and ours too 211 Afterword: A Summary 215 References 217 Cases cited 226 Index 227 vi Preface This book originated in a series of research papers and discussions convened by the Institute of Policy Studies in 2007.