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Governance and Culture: Whether Niue Should Develop Law and Policy
139 GOVERNANCE AND CULTURE: SHOULD NIUE DEVELOP LAW AND POLICY FOR AN OMBUDSMAN SERVICE? K Sinahemana Hekau∗ This paper considers the possibility of establishing the office of Ombudsman in Niue. This is an edited version of a paper presented at the 11th Pacific Science Inter Congress held in Tahiti in March 2009. Cet article envisage les conditions de la mise en place d’un Ombudsman à Niue. Les développements qui suivent, représentent la version complétée d'une présentation faite lors du 11e Inter-congrès des Sciences du Pacifique qui s’est tenu à Tahiti en mars 2009. Thirty-five years into self-government, Niue has been invited to follow its Forum1 peers and establish an Ombudsman service. Under ∗ LLM (VUW); Barrister and Solicitor of the High Court of Niue. The assistance of the Alliance Française, the Government of Niue, and the Pacific Ombudsman Alliance for the preparation of this paper is gratefully acknowledged. 1 Pacific Islands Forum members are; Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, New Zealand, Niue, Palau, Papua New Guinea, Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. 140 GOUVERNANCE DANS LE PACIFIQUE SUD the Forum's Pacific Plan, good governance is featured as one of the key pillars for achieving the Pacific Leaders vision:2 Leaders believe the Pacific region can, should and will be a region of peace, harmony, security and economic prosperity, so that all its people can lead free and worthwhile lives. We treasure the diversity of the Pacific and seek a future in which its cultures, traditions and religious beliefs are valued, honoured and developed. -
Interpretation Act 2004
Interpretation Act 2004 NIUE LAWS LEGISLATION AS AT DECEMBER 2006 INTERPRETATION ACT 2004 PART 1 GENERAL 1 Name 2 Purposes 3 Application 4 Sources of law 5 Definitions 0 PART 2 PRINCIPLES OF INTERPRETATION 6 Ascertaining meaning of legislation 7 Enactments do not have retrospective effect PART 3 LEGISLATION 8 Date of commencement 9 Time of commencement 10 Exercise of powers between passing and commencement of legislation 11 Power to appoint to an office 12 Power to correct errors 13 Exercise of powers by deputies 14 Exercise of powers and duties 15 Effect of repeal generally 16 Effect of repeal on enforcement of existing rights 17 Effect of repeal on prior offences and breaches of enactments 18 Enactments made under repealed legislation to have continuing effect 19 Powers exercised under the repealed legislation to have continuing effect 20 References to repealed enactment 21 Amending enactment part of enactment 22 Regulations 23 Power to make regulations 24. Enactments not binding on the Government PART 4 MISCELLANEOUS 25 Use of forms 26 Bodies corporate 27 Parts of speech and grammatical forms 28 Number 29 Calendar and standard time 30 Calculation of time 31 Distances 32 Thumbprint or mark in lieu of signature 33 Electronically recorded documents 34 Currency 35 Publication 36-37 [Spent] _____________________________ Relating to the interpretation, application, and effect of legislation and public documents PART 1 GENERAL 1 Name This is the Interpretation Act 2004. 2 Purposes The purposes of this Act are— (a) To state principles and rules for the interpretation of legislation and public documents; (b) To shorten legislation and public documents; and (c) To promote consistency in the language and form of legislation and public documents. -
New Impulses in the Interaction of Law and Religion: a South Pacific Perspective
BYU Law Review Volume 2003 | Issue 2 Article 6 5-1-2003 New Impulses in the Interaction of Law and Religion: A South Pacific eP rspective Don Paterson Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Comparative and Foreign Law Commons, Human Rights Law Commons, and the Religion Law Commons Recommended Citation Don Paterson, New Impulses in the Interaction of Law and Religion: A South Pacific erP spective, 2003 BYU L. Rev. 593 (2003). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2003/iss2/6 This Article is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. PAT-FIN 5/31/2003 1:23 PM New Impulses in the Interaction of Law and Religion: A South Pacific Perspective Don Paterson∗ I. INTRODUCTION This article will look at the way in which new religions were introduced first from Britain and Europe and then later from the United States of America into all island countries of the South Pacific during the nineteenth century. The next part will examine the extent to which the laws of those countries provide freedom of religion and it will then consider certain legal and sociological limitations upon the actual practice of religion in these same countries. The article will conclude by looking to the future and trying to suggest ways to ease the tension that exists between individual freedom to practice the religion of his or her choice and community concern for preserving peace and harmony in the community. -
Passage of Change
PASSAGE OF CHANGE PASSAGE OF CHANGE LAW, SOCIETY AND GOVERNANCE IN THE PACIFIC edited by Anita Jowitt and Dr Tess Newton Cain Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/passage_change _citation.html National Library of Australia Cataloguing-in-Publication Entry Title: Passage of change : law, society and governance in the Pacific / edited by Anita Jowitt and Tess Newton Cain. ISBN: 9781921666889 (pbk.) 9781921666896 (eBook) Notes: Includes bibliographical references. Subjects: Jurisprudence--Pacific Area. Customary law--Pacific Area. Pacific Area--Politics and government. Pacific Area--Social conditions. Other Authors/Contributors: Jowitt, Anita. Cain, Tess Newton. Dewey Number: 340.5295 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Emily Brissenden Printed by Griffin Press This edition © 2010 ANU E Press First edition © 2003 Pandanus Books CONTENTS Acknowledgments vii Table of Abbreviations viii Table of Cases x Table of International Conventions xiii Table of Legislation xiv Notes on Contributors xvii INTRODUCTION Anita Jowitt and Tess Newton-Cain 1 SECTION 1: THE CONTEXT OF CHANGE 1. Modernisation and Development in the South Pacific Vijay Naidu 7 SECTION 2: CORRUPTION 2. Corruption Robert Hughes 35 3. Governance, Legitimacy and the Rule of Law in the South Pacific Graham Hassall 51 4. The Vanuatu Ombudsman Edward R. Hill 71 SECTION 3: CUSTOMARY LAW 5. -
Commercial Mediation in New Zealand: Towards a Methodology for Measuring Success
1 Commercial Mediation in New Zealand: Towards a Methodology for Measuring Success JEREMY MCGEOWN COMMERCIAL MEDIATION IN NEW ZEALAND: TOWARDS A METHODOLOGY FOR MEASURING SUCCESS LLM RESEARCH PAPER LAWS 538: NEGOTIATION AND MEDIATION FACULTY OF LAW 2018 2 Commercial Mediation in New Zealand: Towards a Methodology for Measuring Success TABLE OF CONTENTS Abstract ............................................................................................................................... 4 I Introduction ................................................................................................................. 5 II Definition and Overview ............................................................................................. 5 A Commercial Mediation: A Definition ...................................................................... 5 B History and Development in New Zealand .............................................................. 6 III The Case for a Framework to Measure Success ......................................................... 7 A Move Away From Settlement Rate .......................................................................... 7 B Improve Mediation Outcomes ................................................................................. 8 1 Quality benefits .................................................................................................... 8 2 Efficiency benefits ................................................................................................ 8 3 Other benefits ...................................................................................................... -
Niue Amendment Act (No 2) 1968
20070920 Niue Amendment Act (No 2) 1968 Public Act 1968 No 132 Date of assent 17 December 1968 Contents Page Title 5 1 Short Title and commencement 5 2 Interpretation [Repealed] 5 Part 1 Land tenure [Repealed] 3 Classification of land in Niue [Repealed] 5 4 All land in Niue vested in the Crown [Repealed] 5 5 Foreshore and seabed vested in the Crown [Repealed] 5 6 Administration and tenure of land [Repealed] 6 7 Saving of existing interests in Niuean land [Repealed] 6 Part 2 Crown land [Repealed] 8 Grants of Crown land [Repealed] 6 9 Crown land may be declared Niuean land [Repealed] 6 10 Reserves of Crown land for public purposes [Repealed] 6 11 Taking of land for public purposes [Repealed] 6 12 Revocation of Warrant taking land [Repealed] 7 13 Compensation for land taken [Repealed] 7 14 Resumption of Crown land for public purposes [Repealed] 7 16 Acquisition of land for public purposes [Repealed] 7 1 Niue Amendment Act (No 2) 1968 1968 No 132 17 Public purpose for which land held may be 7 altered [Repealed] 18 Control of Crown land by Cabinet of Ministers [Repealed] 7 19 Saving of reserves under the Cook Islands Government 7 Act 1908 [Repealed] 20 Power to revoke or amend existing Orders in 8 Council [Repealed] Part 3 Niuean land [Repealed] 21 Ownership in Niuean land [Repealed] 8 22 Investigation of title to Niuean land [Repealed] 8 23 Niuean customs to be recognised [Repealed] 8 24 No alienation of Niuean land [Repealed] 8 25 For certain purposes Niuean land to be deemed Crown 8 land [Repealed] Part 4 Land for Church purposes [Repealed] -
Exploring 'The Rock': Material Culture from Niue Island in Te Papa's Pacific Cultures Collection; from Tuhinga 22, 2011
Tuhinga 22: 101–124 Copyright © Museum of New Zealand Te Papa Tongarewa (2011) Exploring ‘the Rock’: Material culture from Niue Island in Te Papa’s Pacific Cultures collection Safua Akeli* and Shane Pasene** * Museum of New Zealand Te Papa Tongarewa, PO Box 467, Wellington, New Zealand ([email protected]) ** Museum of New Zealand Te Papa Tongarewa, PO Box 467, Wellington, New Zealand ([email protected]) ABSTRACT: The Pacific Cultures collection of the Museum of New Zealand Te Papa Tongarewa (Te Papa) holds around 300 objects from the island of Niue, including textiles, costumes and accessories, weapons, canoes and items of fishing equipment. The history of the collection is described, including the increasing involvement of the Niue community since the 1980s, key items are highlighted, and collecting possibilities for the future are considered. KEYWORDS: Niue, material culture, collection history, collection development, community involvement, Te Papa. Introduction (2010). Here, we take the opportunity to document and publish some of the rich and untold stories resulting from the The Pacific Cultures collection of the Museum of New Niue collection survey, offering a new resource for researchers Zealand Te Papa Tongarewa (Te Papa) comprises objects and the wider Pacific community. from island groups extending from Hawai‘i in the north to The Niue collection comprises 291 objects. The survey Aotearoa/New Zealand in the south, and from Rapanui in has revealed an interesting history of collecting and provided the east to Papua New Guinea in the west. The geographic insight into the range of objects that make up Niue’s material coverage is immense and, since the opening of the Colonial culture. -
Yearbook of New Zealand Jurisprudence
Yearbook of New Zealand Jurisprudence Editor Dr Richard A Benton Editor: Dr Richard Benton The Yearbook of New Zealand Jurisprudence is published annually by the University of Waikato, Te Piringa – Faculty of Law. Subscription to the Yearbook costs NZ$40 (incl gst) per year in New Zealand and US$45 (including postage) overseas. Advertising space is available at a cost of NZ$200 for a full page and NZ$100 for a half page. Communications should be addressed to: The Editor Yearbook of New Zealand Jurisprudence School of Law The University of Waikato Private Bag 3105 Hamilton 3240 New Zealand North American readers should obtain subscriptions directly from the North American agents: Gaunt Inc Gaunt Building 3011 Gulf Drive Holmes Beach, Florida 34217-2199 Telephone: 941-778-5211, Fax: 941-778-5252, Email: [email protected] This issue may be cited as (2010) Vol 13 Yearbook of New Zealand Jurisprudence. All rights reserved ©. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1994, no part may be reproduced by any process without permission of the publisher. ISSN No. 1174-4243 Yearbook of New ZealaNd JurisprudeNce Volume 13 2010 Contents foreword The Hon Sir Anand Satyanand i preface – of The Hon Justice Sir David Baragwanath v editor’s iNtroductioN ix Dr Alex Frame, Wayne Rumbles and Dr Richard Benton 1 Dr Alex Frame 20 Wayne Rumbles 29 Dr Richard A Benton 38 Professor John Farrar 51 Helen Aikman QC 66 certaiNtY Dr Tamasailau Suaalii-Sauni 70 Dr Claire Slatter 89 Melody Kapilialoha MacKenzie 112 The Hon Justice Sir Edward Taihakurei Durie 152 Robert Joseph 160 a uNitarY state The Hon Justice Paul Heath 194 Dr Grant Young 213 The Hon Deputy Chief Judge Caren Fox 224 Dr Guy Powles 238 Notes oN coNtributors 254 foreword 1 University, Distinguished Guests, Ladies and Gentlemen, I greet you in the Niuean, Tokelauan and Sign Language. -
Fundamental Rights in the Realm of New Zealand: Theory and Practice
85 Fundamental Rights in the Realm of New Zealand: theory and practice Alex Frame* I INTRODUCTION As may be known to the distinguished participants at this Symposium, the "Realm of New Zealand” is a constitutional concept encompassing the three autonomous legal systems of New Zealand, the Cook Islands, and Niue. The Cook Islands and Niue are States associated with New Zealand, sharing the Queen in right of New Zealand as Head of State, but enjoying exclusive and exhaustive legislative competence in matters both internal and external.1 My purpose in this paper will be to consider the treatment of "fundamental rights" in each of the three jurisdictions. By "fundamental rights" I will mean rights which a particular jurisdiction regards as sufficiently important to make their displacement by ordinary legislative processes difficult or impossible. The techniques for achieving this result can range from creating presumptions of statutory interpretation in favour of certain rights, to empowering courts to strike down legislative measures which offend them. In preparation for examining the approaches to the fundamental rights question in each of the three jurisdictions, three preliminary questions will be considered. First, the opposition between the conceptions of law as an instrument of the State on the one hand, and as a check on State power on the other, must be addressed. Secondly, the disconcertingly haphazard manner in which fundamental rights have been strewn about the common law world since World War II calls for attention. Thirdly, and of particular Barrister and Solicitor of the High Court of New Zealand. Alex Frame has been a teacher of, and adviser on, public law for over 20 years. -
Constitutional Nonsense? the ‘Unenforceable’ Fiscal Responsibility Act 1994, the Financial Management Reform, and New Zealand’S Developing Constitution
CONSTITUTIONAL NONSENSE? THE ‘UNENFORCEABLE’ FISCAL RESPONSIBILITY ACT 994, THE FINANCIAL MANAGEMENT REFORM, AND NEW ZEALAND’S DEVELOPING CONSTITUTION CHYE-CHING HUANG* ‘Once again, in promoting this legislation New Zealand leads the world. This is pioneering legislation. It is distinctly New Zealand – style.’ (22 June 1994) 541 NZPD 2010 (Ruth Richardson) ‘[It] is constitutional nonsense. The notion that this Parliament will somehow bind future Governments on fiscal policy…is constitutional stupidity.’ (26 May 1994) 540 NZPD 1143 (Michael Cullen) The Fiscal Responsibility Act 1994 (the ‘FRA’) was part of New Zealand’s Financial Manage- ment Reform, a reform said to have introduced new values – efficiency, economy, effectiveness and choice – into the law.1 The FRA is peculiar because the courts may not be able to enforce it. Despite this, the authors of the FRA expected it to impact profoundly on the thinking and behav- iour of the executive, Parliament, and the electorate.2 The debate about how the FRA has affected the executive, Parliament, and the electorate con- tinues.3 Yet no one has analyzed thoroughly how the FRA has affected – or might affect – judicial reasoning.4 This article attempts that analysis, and concludes that the FRA may have profound legal and even constitutional effects, despite being ‘unenforceable’. The finding that the FRA may have legal and constitutional effects could be useful for two reasons. First, the FRA’s constitutional effects suggest that judicial reform of the constitution may tend to privilege the neo-liberal values that the Financial Management Reform wrote into law. Parliamentary sovereignty could be said to encourage a free and contestable market place of ideas, but this supposed strength may be paradoxically used to legally entrench values. -
Volume 1.Pdf
NIUE LAWS TAU FAKATUFONO-TOHI A NIUE LEGISLATION AS AT DECEMBER 2006 VOLUME 1 TOHI 1 CONSTITUTION STATUTES A – COMPANIES GOVERNMENT OF NIUE, ALOFI 2006 Copyright 2006 All rights reserved Enquiries concerning the copyright material should be addressed to the Crown Law Office, Alofi, Niue Compiled in the Faculty of Law, Victoria University of Wellington by Professor AH Angelo with the assistance of Nicola Scott Printed by Stylex Print, Palmerston North, New Zealand Niue Laws 2006 Vol 1 iv CONTENTS Foreword ................................................................................................................ iii Editorial Note ........................................................................................................ xi VOLUME ONE PART 1 – LEGISLATION TABLES Table of Constitutional Instruments .................................................................. xv Table of Acts in Force ........................................................................................... xvii Chronological Table of Statutes .......................................................................... xxxi Table of Subsidiary Legislation in Force............................................................ xlv Chronological Table of Subsidiary Legislation................................................. lv CONSTITUTIONAL INSTRUMENTS Constitution of Niue............................................................................................. 1 Ko e Fakatufono-Tohi Fakave A Niue ............................................................... -
Judicial Review in Kingdom and Dominions the Historical Foundations of Judicial Review in the U.K., Canada, and New Zealand
University of Pennsylvania Judicial Review in Kingdom and Dominions The Historical Foundations of Judicial Review in the U.K., Canada, and New Zealand Abstract: Judicial review, whatever else it may be, provides a mechanism by which the judiciary can affect the implementation, contours, and the formulation of policy. As such, it provides a possible avenue of access to a variable ‘open’ state. Westminster democracies have historically avoided judicial review in order to concentrate policymaking authority in the legislature and responsible executive. In recent years a number of Westminster polities have incorporated and expanded judicial review. This paper explores how this occurred in three Westminster states, arguing that long-run processes shaped the conceptions of judges of their role in the constitutional order, affecting their willingness to assert powers of review. Importantly, structures of imperialism and federalism provided varying opportunities for the judiciary to assert this power. A full account of the emergence of judicial review needs to take account of these structural/institutional factors— the available resources of judges to assert a power to invalidate legislation and their institutionally shaped willingness to do so. I conclude with a discussion of how the different constructions of judicial review at the different moments in each state’s history affected the mobilization strategies of indigenous peoples, and the varying imposition of control by the state. David Bateman Doctoral Fellow – Penn Program in Ethnic Conflict