Reflecting on Elections Past Keith Rankin, 23 September 2014
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The Kiwi That Roared: Nuclear-Free New Zealand in a Nuclear-Armed World
Wade Huntley THE KIWI THAT ROARED: NUCLEAR-FREE NEW ZEALAND IN A NUCLEAR-ARMED WORLD by Wade Huntley Dr. Wade Huntley is Program Director for Asia/Pacific Security at the Nautilus Institute for Security and Sustainable Development in Berkeley, California, where he produces the Northeast Asian Peace and Security Network’s Daily Report (www.nautilus.org). He has an article in the March 1996 issue of International Studies Quarterly and is working on a book based on his doctoral dissertation, “The Citizen and the Sword: Security and Democracy in the Liberal State.” The University of California’s Institute on Global Conflict and Cooperation provided support for research on this article. n July 14, 1984, New policy was widely criticized as a evance to larger democracies, is that Zealand elected its fourth frivolous moral exercise indulging a mass public is ill-suited to make O Labour government and vocal anti-nuclear activists and play- wise and prudent decisions regard- thus brought into effect its policy de- ing on an impassioned and unin- ing state security. Recent research claring the country “nuclear free,” formed public, while needlessly on this subject indicates that popu- which included prohibiting port entry jeopardizing the country’s national lar opinion is not as volatile and in- by any ships either under nuclear interests and sacrificing its ANZUS coherent, nor its effects on security power or carrying nuclear weapons.1 alliance relationship with the United policy as pernicious, as once The government’s commitment to States.3 This judgment is rooted in thought. However, many of these this policy reached a moment of truth two converging claims. -
Yearbook of New Zealand Jurisprudence
Yearbook of New Zealand Jurisprudence Editor Dr Claire Breen Editor: Dr Claire Breen Administrative Assistance: Janine Pickering The Yearbook of New Zealand Jurisprudence is published annually by the University of Waikato School of Law. Subscription to the Yearbook costs $NZ35 (incl gst) per year in New Zealand and $US40 (including postage) overseas. Advertising space is available at a cost of $NZ200 for a full page and $NZ100 for a half page. Back numbers are available. 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 (2008-2009) Vols 11-12 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 Volumes 11 & 12 (combined) 2008 & 2009 Contents NEW ZEALAND’S FREE TRADE AGREEMENT WITH CHINA IN CONTEXT: DEMONSTRATING LEADERSHIP IN A GLOBALISED WORLD Hon Jim McLay CNZM QSO 1 CHINA TRANSFORMED: FTA, SOCIALISATION AND GLOBALISATION Yongjin Zhang 15 POLITICAL SPEECH AND SEDITION The Right Hon Sir Geoffrey Palmer 36 THE UNINVITED GUEST: THE ROLE OF THE MEDIA IN AN OPEN DEMOCRACY Karl du Fresne 52 TERRORISM, PROTEST AND THE LAW: IN A MARITIME CONTEXT Dr Ron Smith 61 RESPONDING TO THE ECONOMIC CRISIS: A QUESTION OF LAW, POLICY OR POLITICS Margaret Wilson 74 WHO DECIDES WHERE A DECEASED PERSON WILL BE BURIED – TAKAMORE REVISITED Nin Tomas 81 Editor’s Introduction This combined issue of the Yearbook arises out of public events that were organised by the School of Law (as it was then called) in 2008 and 2009. -
Ensuring New Zealand's Constitution Is Fit for Purpose
July 2013 Submission Ensuring New Zealand’s Constitution is Fit for Purpose Submission to the Constitutional Advisory Panel ΞDĐ'ƵŝŶŶĞƐƐ/ŶƐƟƚƵƚĞ>ŝŵŝƚĞĚϮϬϭϯ /^EϵϳϴͲϭͲϵϳϮϭϵϯͲϯϳͲϮ;ƉĂƉĞƌďĂĐŬͿ /^EϵϳϴͲϭͲϵϳϮϭϵϯͲϯϴͲϵ;W&Ϳ WKŽdžϮϰϮϮϮ tĞůůŝŶŐƚŽŶϲϭϰϮ EĞǁĞĂůĂŶĚ ǁǁǁ͘ŵĐŐƵŝŶŶĞƐƐŝŶƐƟƚƵƚĞ͘ŽƌŐ ďŽƵƚƚŚĞDĐ'ƵŝŶŶĞƐƐ/ŶƐƟƚƵƚĞ The McGuinness Institute is a non-partisan, not-for-profit research organisation specialising in issues that affect New Zealand’s long term future. Founded in 2004, the Institute aims to contribute to the ongoing debate about how to progress this nation through the production of timely, comprehensive and evidence-based research and the sharing of ideas. This can take a number of forms including books, reports, working papers, think pieces, workshops and videos. ďŽƵƚƚŚĞƵƚŚŽƌ Wendy McGuinness Wendy McGuinness is the founder and chief executive of the McGuinness Institute. Originally from the King Country, Wendy completed her secondary schooling at Hamilton Girls’ High School and Edgewater College. She then went on to study at Manukau Technical Institute (gaining an NZCC), Auckland University (BCom) and Otago University (MBA), as well as completing additional environmental papers at Massey University. As a Fellow Chartered Accountant (FCA) specialising in risk management, Wendy has worked in both the public and private sectors. In 2004 she established the McGuinness Institute (formerly the Sustainable Future Institute) as a way of contributing to New Zealand’s long-term future. She has also co-authored a book, Nation Dates: Significant events that have shaped the nation of New Zealand. tŝƚŚŽŶƚƌŝďƵƟŽŶƐĨƌŽŵ Sylvia Avery Sylvia Avery is a practicing primary school teacher who recently graduated from the University of Otago with a BA in Theatre and Politics and a Graduate Diploma in Teaching (Primary). -
Drafting a Constitution for the 21St Century Dean Knight and Julia Whaipooti
NEW ZEALAND CENTRE FOR PUBLIC LAW NEW ZEALAND JOURNAL OF PUBLIC AND INTERNATIONAL LAW OF PUBLIC AND INTERNATIONAL NEW ZEALAND JOURNAL Te Wänanga o ngä Kaupapa Ture ä Iwi o Aotearoa New Zealand Journal of NZCPL OCCASIONAL PAPERS NZCPL OCCASIONAL PAPERS 1 Workways of the United States Supreme Court 1 Work wJusticeays of Ruththe United Bader GinsbuStatesNZCPL rSupremeg OCCASIONAL Court PAPERS Justice2 RuthThe RoleBader of Ginsbu the Newrg Zealand Law Commission Public and International Law NZCPL OCCASIONAL PAPERS 1 W orkwJusticeays of David the United Baragwanath States Supreme Court 2 TheJustice Role Ruth of the Bader New Ginsbu Zealandrg Law Commission Justice31 DavidWLegislatureork wBaragwanathays ofv Executithe Unitedve-The States Struggle Supreme Continues: Court Observations on the 2 The Role of the New Zealand Law Commission JusticeWork ofRuth the BaderRegulations Ginsbu rReviewg Committee 3 LegislatureJustice David v ExecutiBaragwanathve-The Struggle Continues: Observations on the Work 2 ofTheHon the RoleDoug Regulations of Kidd the New Review Zealand Committee Law Commission 3 Legislature v Executive-The Struggle Continues: Observations on the Hon4 DougJusticeThe Kidd Maori David Land Baragwanath Court-A Separate Legal System? W ork Chiefof the Judge Regulations Joe Williams Review Committee 4 TheHon3 Maori DougLegislature LandKidd Court- v ExecutiA Separateve-The LegalStruggle System? Continues: Observations on the Chief 5 JudgeWTheork JoeRole of W the ofilliams theRegulations Secretary Review of the Cabinet Committee-The View -
Notice of Annual Meeting
Notice of Annual Meeting Notice is given that the Annual Meeting of shareholders of Metlifecare Limited will be held at All Seasons Ellerslie Motor Inn, 95 Greenlane East Road, Remuera, Auckland, on Thursday, 23 October 2008, commencing at 11.00am. ORDINARY BUSINESS Annual Meeting Minutes (Ordinary Resolution) 1. To approve the minutes of the last Annual Meeting held on 1 November 2007. Chairman’s and Chief Executive Officer’s Report and Financial Statements 2. To receive and consider the Chairman’s and Chief Executive Officer’s Report, Financial Statements and the Auditors’ Report for the year ended 30 June 2008. Rotation and Election of Directors (Ordinary Resolutions) 3. In accordance with the Company’s constitution, Hon. James Kenneth McLay, CNZM, QSO and Mr John James Loughlin retire by rotation and being eligible, offer themselves for re-election. Mr Mark Alexander Gibson being appointed during the year by the Board, holds office under the constitution only until the Annual Meeting and being eligible, offers himself for election. (Refer Directors’ Profiles on pages two and three of this Notice.) Auditors (Ordinary Resolution) 4. To record the automatic re-appointment of the Auditors, PricewaterhouseCoopers and to authorise the Directors to fix their remuneration for the current year. VOTING BY PROXY All shareholders entitled to attend and vote at the Annual Meeting are entitled to appoint a proxy to attend and vote for them instead. A proxy need not be a shareholder of the Company. A proxy form is enclosed and, if used, must be lodged at the offices of the Company’s Share Registrar, Computershare Investor Services Limited (see proxy form for the address), not less than 48 hours before the time for the holding of the meeting (i.e. -
Annual Report 2003 PRESIDENT’S REVIEW
NEW ZEALAND LAW SOCIETY 107th Annual Report & Statement of Accounts for the year ended 30 November 2003 New Zealand Law Society Council 2003-2004 Back row, from left: Ron Pol (CLANZ President), David Clarke (Wellington DLS Executive Director), Bernie Rowe (for Murray Hunt, Marlborough), John Marshall (Wellington), John Brandts-Giesen (for Tom Weston QC, Canterbury), Alan Ritchie (NZLS Executive Director), Raynor Asher QC (NZLS Vice-President), Paul Coe (Wanganui), Tony Sullivan (Westland), Denys Barry (Gisborne), John Young (for Richard Russell, Southland), Stuart Webster (Hawke’s Bay), Stuart Rose (NZLS Board), Nevin Dawson (NZLS Vice-President to 10/03). Third row, from left: Keith Berman (Auckland), David Burns (Family Law Section Chair), Stephen Bryers (Auckland), Len Andersen (Otago), Jacqui Gray (NZLS Board), Kevin Kilgour (Auckland), Kit Clews (Waikato Bay of Plenty). Second row, from left: Keith de Ridder (for Manawatu), Chris Moore (Property Law Section Chair), Janine McMurdo (Southland DLS Secretary), Anne Stevens (Otago), Kate Davenport (Auckland), Margaret Malcolm (Auckland DLS Executive Director), Benedict Ryan (Waikato Bay of Plenty DLS Executive Officer). Front, from left: Geoff Brodie (Canterbury), Graeme Downing (Nelson), Emma Smith (Taranaki), Sue Styants (NZLS Board), Pam Davidson (Wellington), Christine Grice (NZLS President to 10/03), Ann Wilson (NZLS Vice-President), Chris Darlow (NZLS President from 11/03). Absent: Kerry Ayers (Canterbury), Ken Daniels (Wellington), Warwick Deuchrass (NZLS Vice-President & Treasurer), -
Mcguinness Institute Draft 2X 6
1984 And All That Hon Jim McLay1 New Zealand Ambassador and Permanent Representative to the United Nations Opening Address EmpowerNZ Workshop: Drafting a Constitution for the 21st Century Beehive Banquet Hall, Parliament Buildings, Wellington Tuesday 28 August, 2012; 8:30 AM Introduction After that warm introduction from Paul Goldsmith, I should immediately set the record straight and confess that I'm not a professional diplomat. I started out as a lawyer, but I found that wasn't very popular; so I became a politician, and found that wasn't very popular; so I became an investment banker (and we know how popular bankers are!). It's 25 years - almost to the day – since I walked out of this place to discover if there is a life after politics; eventually, to emerge as New Zealand's Ambassador to the United Nations; a diplomatic assignment which basically requires me to do two things– • First, to lead a team of experts – and, when I say "experts", I really mean experts – real specialists in international peace and security, disarmament (nuclear and conventional), human rights, development, environment, funding, legal, oceans, 1 The opinions expressed in this address are mine alone and do not represent the views of the New Zealand Government or the Ministry of Foreign Affairs and Trade. I gratefully acknowledge the assistance of a number of friends and colleagues who either scrutinised and commented on early drafts of this address and/or offered specific comments for inclusion; notably, Marcy McLay, Denis McLay and Sir Geoffrey Palmer. All added greatly to the substance of this text. -
Palmer Speech on Official Information Act.Pdf
A HARD LOOK AT THE NEW ZEALAND EXPERIENCE WITH THE OFFICIAL INFORMATION ACT AFTER 25 YEARS Rt Hon Sir Geoffrey Palmer President, Law Commission Address to International Conference of Information Commissioners, Wellington, 27 November 2007 I. INTRODUCTION 1 New Zealand’s Official Information Act 1982 (“OIA”) has now been in force for 25 years.1 In some respects, the writer was present at its creation, serving on the Select Committee in Parliament that dealt with the Bill and as Opposition Spokesman, and later, when in government, as Minister of Justice. As Minister of Justice, I oversaw a number of amendments to the Act. The most significant change was to the ministerial veto. Changes were made to ensure that the veto was a Cabinet decision, not an individual ministerial decision. That change effectively put a stop to the use of veto. The political cost was too high. Furthermore, the Act and its principles were adapted to Local Government and a separate Act under the stewardship of the Hon Dr Michael Bassett, the Local Government Official Information and Meetings Act 1987 was passed. 2 Much of the credit for the OIA should go to then Minister of Justice and Attorney- General, the Honourable Jim McLay. He managed to achieve passage of the bill in face of opposition from both his Prime Minister and the Treasury. The Treasury opposed the Bill at the Select Committee, no doubt with the permission of and on the instruction of the Minister of Finance who was also the Prime Minister, the Rt Hon Sir Robert Muldoon. The Prime Minister said the Act would be a “nine day wonder”.2 3 The Danks Committee that devised the policy comprised a mixed membership of public servants and outsiders. -
2016 – Off to a Wobbly Start the Political Year Ahead Old
HUGO Assessing the economic and political environmentvision in New Zealand Confidential to January 22 2016 HUGO members 2016 – off to a wobbly start Pages 4, 5, &6 The next few months will test both the govt’s and opposition parties’ capacity to read the economic runes. Local data remain strong, even if inflation is lower than it should be, but the global economy looks suddenly far more fragile again, prompting new ‘crisis’ talk. The political year ahead Page 2 National needs to reinvigorate and demonstrate it has the mojo and ideas for a fourth electoral term, but the far greater political challenge is on the left. Labour settled down under Andrew Little in 2015. In 2016, it needs to re-establish what it stands for with a refreshed policy platform. Without that, 2017 will be a difficult election year for Little. Old campaigners look to another term Page 3 A mark of the growing sense among National MPs of the potential for a fourth term is the likely postponement of retirement announcements by some of its most experienced hands. Bill English, long tipped to go in 2017, now looks almost certain to throw in his lot for the 2017-2020 term. Global gloom Page 4 The bears are in the ascendant at the Davos World Economic Forum and elsewhere, with a growing chorus of commentary about the potential for global economic imbalances to spill over into the next chapter of the GFC. We say that’s over-blown, but must be watched closely. The post-GFC experiment in money-printing has a way to run yet. -
Gangs and Guns: Is a Blanket Firearms Ban on Gangs Justified?
Gangs and Guns: Is a Blanket Firearms Ban on Gangs Justified? Anne Lim A dissertation submitted in partial fulfilment of the degree of Bachelor of Laws (with Honours) at the University of Otago --- Te Whare Wānanga o Otāgo. 6 October 2017. Acknowledgements A big thank you to: My supervisor, Professor Margaret Briggs, for your guidance with what seemed like an insurmountable task. Your swift and patient e-mail replies to my panicked ramblings and willingness to help in every way possible have made this dissertation-writing experience an extremely enjoyable one. Mum and Dad, for supporting my endeavours and reading drafts of this dissertation at 5 am from the other side of the world; my siblings Li Shawn and Eugene, for catering to my whims and demands for food, shelter, and pleasantries during the university breaks. The LAWS101 tutors, for the camaraderie and procrastination chit-chat. Working with you all has been an absolute pleasure. Amy Corkery, for your excellent proofreading skills and unwavering support. Your kind words and sunny disposition never fail to make me smile. Alice Tiffany, Jared Papps, Kalyani Dixit, and Veronica MacKenzie, for being by my side as we tackled the Law school giant and indulged in a similar kind of macabre humour together. Thank you for the late-night food trips and the even later conversations in the wee hours of the morning. Owen Wilkinson, Kade Cory-Wright, and Taotao Li, for providing the (occasional) token of wisdom and sage words of advice during difficult times. Finally, to Elliot Brownlee, Matthew Brunton, Roshana Ching, Finn Robinson, and Jonny Iremonger, for the laugh-out-loud moments that I can forever appreciate and roll my eyes at. -
Localnz Workshop
A YOUTH STATEMENT ON REGIONAL GOALS An output of the LocalNZ workshop 16–19 NOVEMBER 2014 Participants35 aged between 18 and 25 share their thoughts on regional development Introduction Kia ora The LocalNZ workshop brought together 35 young individuals from throughout the country who are passionate about their local communities. We are 35 young New Zealanders from throughout New Zealand that travelled up the Whanganui River (see map of Day 2 below), but our journey This workshop was a direct response to the TalentNZ 2014 tour. During March was more than that. We came from many walks of life and witnessed the the Institute visited 10 councils around New Zealand and found a growing disparity between our regions and our centres. We felt the unity and strength disparity between rural New Zealand and the major cities. The workshop aimed flowing through iwi of the Whanganui River and the connections they share to provide a space for young New Zealanders to identify opportunities and with their river. challenges and suggest policy options going forward. The Institute, in discussion Together we discussed the goals of regional New Zealand and compared with the New Zealand Treasury, tasked the participants to answer the research them with national goals. This led to three underlying themes. Theme question: How do regional goals align with national goals, and how one was the desire to create a better quality of life for our children and might these goals need to change in order to aid regional growth? grandchildren. We came to realise one size does not fit all and not all This workshop had five objectives: communities are the same, which led to theme two: embracing diversity. -
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North and South, October 1995, pp. 44–45 1 GETTING WHAT YOU ORDER BY JOE ATKINSON FORMER LEADERS HAVE a bad habit of hanging around to make a nuisance of themselves. Sir Robert Muldoon did it to both Jim McLay and Jim Bolger, hounding the former out of politics and causing a succession of difficulties for the latter. But with the rise of political commentary and the commercial speaker’s circuit giving platforms and financial incentives to the deposed, this perennial problem is getting worse. Helen Clark is currently assailed by no less than three former leaders. Sir Geoffrey Palmer doesn’t mean to cause trouble, but he is regularly in the public spotlight, which makes him a formidable presence to be acknowledged. Mike Moore has done his very best to cause trouble but is still dithering about how to administer the most telling blow. So the immediate problem for Clark is her old friend David Lange, who has lately taken to pronouncing tendentiously on any number of issues: New Zealand troop deployments in Bosnia, the ideological character of the parliamentary Labour Party, the selection for his successor in Mangere, the New Zealand response to French nuclear testing and so on. Former leaders are often anxious to make out that they could do the job better than their successors. David Lange is no exception here, but his willingness to rewrite history in doing so is reminiscent of Daniel Defoe. Lange talks now as though he stood alone against Roger Douglas, when in fact his attack of social conscience was a belated one.