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LAW REFORM and the ADOPTION ACT 1955: a HISTORY of MISFORTUNE Research Paper for LAWS 526: Law Reform and Policy
ISLA MIRREN DOIDGE LAW REFORM AND THE ADOPTION ACT 1955: A HISTORY OF MISFORTUNE Research Paper for LAWS 526: Law Reform and Policy Submitted for the LLB (Honours) Degree Faculty of Law Victoria University of Wellington 2016 2 Law Reform and the Adoption Act 1955: A History of Misfortune Law Reform and the Adoption Act 1955: A History of Misfortune The Adoption Act 1955 is now 61 years old and has been passed over for reform on multiple occasions. This paper analyses the failed history of law reform beginning in the year 2000 when a Law Commission Report was issued. This paper identifies why successive attempts by both Labour and National governments failed in reforming adoption over a sixteen year period. Despite multiple attempts at reform, this paper argues that law reform has failed due to a combination of other important governmental priorities, the controversial issues involved in adoption, the ability of the courts to reinterpret the legislation, and the small impact of reform. This paper concludes by using adoption reform as a case study to draw out three main general principles about law reform. The first is the necessity of reform; this paper argues when law reform involves a controversial human rights problem it becomes simultaneously difficult to progress due to political risk, but once that controversy is resolved the reform is no longer considered as necessary. The second is the opportunity to reform; when law reform is seen as less necessary because other agencies are able fix problems within the legislation, other more critical projects will displace a reform project on the hierarchy of political priorities. -
9 9 8.5 8.5 8 9 8.5 8 8 7 Roll Call
ROLL CALL – How Our MPs Performed In 2011 Trans Tasman’s Editors have once again run their rule over NZ’s MPs and rated their performance in 2011. Roll Call looks at how they’ve performed in Caucus, Cabinet, Committee, the House, their electorate and the influence they bring, or are likely, to bring to bear in their various forums. This year being election year, there are some MPs who are no longer with us, and a host of newcomers and some better known returnees, who are not rated, but on whom we have commented regarding what we know of them, and what to expect from them. As we are rating MPs for their 2011 performances, new Cabinet or shadow Cabinet roles are not included. Cabinet Ministers This 2010 Year’s Name Seat/list Responsibilities Comments Rating Rating Key, John Helensville Prime Minister, Minister of Tourism, As one of NZ’s most popular ever PMs, Key did Ministerial Services, Minister in Charge what was needed by his party and delivered of the NZ Security, Intelligence Service, National a second term based almost entirely Minister Responsible for the GCSB upon “Brand Key.” Some of the Teflon armour flaked off over the year and some of his strongest supporters wonder whether he has a plan beyond careful political management 9 9 and upsetting as few people as possible. In the House Key was comfortable most of the time, though once or twice he showed a mean streak. He took a bit of a battering during the campaign itself, but a win is a win is a win. -
Cabinet Minute EGI Min (10) 5/1: Increasing Tourism's Performance
Cabinet Economic Growth EGI Min (10) 5/1 and Infrastructure Copy No: Committee Minute of Decision This document contains information for the New Zealand Cabinet. It must be treated in confidence and handled in accordance with any security classification, or other endorsement. The information can only be released, including under the Official Information Act 1982, by persons with the appropriate authority. Increasing Tourism's Performance Through Marketing Portfolio: Tourism On 24 March 2010, the Cabinet Economic Growth and Infrastructure Committee: 1 noted that in August 2009, Cabinet: 1.1 noted that the government’s priority for tourism is to increase tourism’s contribution to the New Zealand economy, in particular to increase productivity and the return from each visitor; 1.2 approved an increase in funding in 2009/10 for Tourism New Zealand for destination marketing and a joint venture partnerships marketing programme; 1.3 noted that the Minister of Tourism would be directing the Tourism New Zealand Board to develop a three-year marketing strategy, which reflects the additional funding; 1.4 [deleted – confidentiality of advice]; [CAB Min (09) 30/6A] 2 noted that the current level of investment in destination marketing does not allow Tourism New Zealand to aggressively pursue opportunities in major existing and emerging markets; 3 3.1 noted that Tourism New Zealand has completed a full review of its marketing portfolio, and has developed a three-year strategy focusing on more targeted and conversion-based activity across key and certain -
Joint Report: Solid Energy's Proposal for Natural Resources Ltd
DEPARTMENT 1-''N!wrnom: of the PRIME MINISTER .... ,,,., •J Economic and CABINET CROWN 0\\·0.:ERSHIP Development MONITORING UN IT Mallo / • Ohonga --------<-- Joint Report: Solid Energy's Proposal for Natural Resources Ltd I Date: 17 May 2010 I Report No: I T201 0/784 Action Sought Action Sought Deadline Prime Minister Read before meeting on 10 May 2010 10May2010 (Hon John Key) Minister of Finance Read before meeting on 10 May 2010 10May2010 (Hon Bill English) Minister for Economic Development Read before meeting on 10 May 2010 10May2010 (Hon Gerry Brownlee) Minister for State Owned Enterprises Read before meeting on 10 May 2010 10May2010 (Hon Simon Power) Associate Minister of Finance Note contents of report None (Hon Steven Joyce) Contact for Telephone Discussion (if required) Name Position Telephone 1st Contact John Crawford General Manager, Crown [Withheld s9(2)(a)] ,/ Ownership and State Sector Performance I Chris White Advisor, Policy Advisory Group, [Withheld s9(2)(a)] DPMC I Peter Crabtree Director, Energy and [Withheld s9(2)(a)] Communications Branch, MED I Minister of Finance's Office Actions (if required) None. 7 May 2010 Joint Report: Solid Energy's Proposal for Natural Resources Ltd Executive Summary Solid Energy have pitched an audacious (their language) vision for a majority state owned, diversified, natural resources company (Natural Resources Limited or NRL). They propose that the company should enjoy preferential rights of access to NZ’s hydrocarbon and mineral resources across all areas of its business, requiring significant changes to regulatory regimes. NRL would be built on top of Solid’s existing business and would retain all earnings to fund capex. -
Chapter 4 Extract
EXTRACT FROM DIRTY POLITICS BY NICKY HAGER. PUBLISHED IN 2014 BY CRAIG POTTON PUBLISHING. CHAPTER 4 THE CRUSHER AND THE ATTACK DOG The attack bloggers’ point of contact in the National government, year after year, remained John Key’s office. But Cameron Slater had another close friend and ally in the government, Cabinet minister Judith Collins. They had much in common. One cultivated the iron woman persona of Crusher Collins, future prime minister, the other the reckless bully-boy persona of Whale Oil, crusading outsider. They were drawn together by right-wing politics and a shared attraction to aggressive and often petty attack politics. Slater was a devoted supporter of Collins, using his blog to promote her and to attack her critics. Collins, in return, fed a continuous supply of material to Slater: public press releases, political gossip, tip-offs and serious leaks. She boast- ed for him in 2013 that ‘you might not like it but Whaleoil is better informed and better read than any other news outlet or social media’.1 They talked often by phone, and in the evenings and weekends they chatted via Facebook. In work hours Collins e-mailed him directly from her sixth-floor Beehive office. Often their exchanges were about small events of the day. The following are typical of Collins’s messages: ‘You should whack these guys hard, they are truly pathetic’;2 ‘Cam, FYI. Another own goal for plughead’, her name for Labour MP Clayton Cosgrove;3 could he edit her Wikipedia page and replace an unflattering photo;4 and, forwarding a document, ‘I think I seri- ously annoyed certain people over it. -
Comparative Local Governance: Lessons from New Zealand for Japan
Comparative Local Governance: Lessons from New Zealand for Japan by Harufumi Shiba A thesis submitted to the Victoria University of Wellington in fulfillment of the requirement for the degree of Doctor of Philosophy in Public Policy School of Government Victoria University of Wellington 2008 Abstract This study concerns local governance in Japan and whether lessons can be derived from New Zealand and other countries. There are significant differences in the constitutional arrangements of Japan and New Zealand and the history and cultural influences that shape local governance in each country. The case studies, which compare three different policy areas in both countries, confirm, however, the usefulness of the comparative analysis. This is not a parallel comparison; the focus is more on lesson learning from different systems and styles of local administrations. The Japanese local government sector is more subject to control and guidance from the centre. A premise of this study is that that a greater degree of autonomy for local government in Japan will be beneficial. ‘Governance’ is a term used in different ways in many contexts. In this study emphasis is placed on the ‘means for achieving direction, control and coordination of individual or organizational units on behalf of their common interests’ (Hill and Lynn Jr, 2004, p. 6). It is associated with the notion of ‘steering’ rather than ‘rowing (Osborne and Gaebler, 1993). Governance is not synonymous with government . In a decentralised environment, local governance concerns the way different interests are settled among, broadly, central government , local authorities and communities . The power balance among central government, local authorities and communities is at the centre of analysis in this study. -
Politics in New Zealand Victoria Takes Centre Stage Space Man Creating Black Holes in the Lab the Secret Life of Flowers Floral
MAGAZINE FOR FRIENDS AND ALUMNI OF VICTORIA UNIVERSITY OF WELLINGTON Spring 2002 Politics in New Zealand Victoria takes centre stage Space man Creating black holes in the lab The secret life of flowers Floral reproductive tricks Happy Birthday Old-Boys–University 100 years of rugby at Victoria Pacific colour The Adam Art Gallery hots up for summer Artwork by Sidhe Interactive Artwork by By Fiona Acheson, Super Mario and team Industry New Zealand. The soccer World Cup placed a group of “The education we had at Victoria gave Video games are a massive business Victoria computer science graduates on the us the building blocks to enter the worldwide. In the US, the video games world map for video gaming. complexity of video game production, plus industry is now worth more than the film Saatchi & Saatchi, who were awarded the we’d had the benefit of a couple of years in industry, with retail sales reaching $9.4 contract to promote Adidas’ sponsorship of the ‘real world’—it was time to stop billion last year. While the games the tournament, decided to make a video dreaming and do it.” development industry is small in New game the main feature of the Adidas Sidhe has since grown from a garage Zealand, the Government has recently website. It was to Wellington company Sidhe enterprise to New Zealand’s biggest video recognised the potential for it to develop (pronounced ‘she’) Interactive that they game development company employing 21 into a multi-million dollar export activity. turned. staff, a quarter of whom are Victoria Industry New Zealand has prepared a The game, Football Fever, was the biggest graduates. -
Special Issue: Infrastructure
Volume 6 – Number 4 – November 2010 Special Issue: Infrastructure Infrastructure: New Findings for New Zealand A Culture of Lead Infrastructure Arthur Grimes 3 Colin Crampton 32 Planning New Infrastructure: Some Issues Investing in Infrastructure Arthur Grimes 9 Michael Deegan 36 Infrastructure Investment: Supporting Empty Talk? University Voices on the Better Decisions Global Financial Crisis John Boshier 14 Todd Bridgman 40 Strategic Decision-Making Frameworks Executive Power: 60 Years Stephen Selwood 19 On Has Anything Changed? Transport Infrastructure, Lock-Out and Harshan Kumarasingham 46 Urban Form: Highway Development in Health, Employment and Recession: Auckland and the United States The Impact of the Global Crisis on Andrew Coleman 23 Health Inequities in New Zealand Infrastructure Investment Clair Mills 53 Under Uncertainty Lewis Evans 28 dependence created by specific urban forms, and, with particular reference to Auckland, considers the chal- Editorial lenge of increasing public transport use in low-density cities; Lew Evans discusses problems of decision- making with regard to infrastructure investments in the context of various kinds of uncertainty, such as Note rare events (like major earthquakes), and volatility in Volume 6 – Number 4 – November 2010 economic conditions (including uncertain demand for Nations cannot flourish without well-designed physical infrastructure services); Colin Crampton describes the infrastructure. This includes transport infrastructure Policy Quarterly (PQ) is targeted at readers approach of the New Zealand Transport Agency to plan- (e.g. roads, railway networks, cycle paths, seaports, ning and providing land transport infrastructure, using in the public sector, including politicians and airports and navigation systems), water management the state highway network as an example; and Michael their staff, public servants and a wide variety of infrastructure (e.g. -
Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination
Osgoode Hall Law Journal Volume 58, Issue 2 (Spring 2021) Article 3 7-15-2021 First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination Harry Hobbs Faculty of Law, University of Technology Sydney Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/ohlj Part of the Law Commons Article Citation Information Hobbs, Harry. "First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination." Osgoode Hall Law Journal 58.2 (2021) : 337-384. https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/iss2/3 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples’ Right to Self-Determination Abstract First Nations peoples assert a right to a distinctive relationship with the state based on their pre-colonial status as self-governing sovereign communities. Ascertaining the scope of First Nations peoples’ collective right to self-determination is complex, but there is broad international agreement that it encompasses a right to be consulted on state action that will affect their interests, including in the law- making process. The problem is that the right to be consulted in the development of legislation appears to place a constraint on the power of the legislature to propose, debate, amend, and enact laws as they see fit. -
Dr Kim Mcgregor Louise Nicholas Day of Review of Responses to Sexual Violence Launch 31 March 2014
Working together to eliminate sexual violence Nga Mihi Kia Koutou and Welcome *Thank you everyone for coming this evening to help us launch the inaugural Louise Nicholas Day to Review Responses to Sexual Violence. With your help, today, we plan to set our goals for the coming year. We plan to measure these goals annually on the 31st March each year. We will collate the goals from this meeting and send them to the Lead Minister for Sexual Violence issues – Minister Paula Bennett This day came about after some in our sector took part in the Annual Cartwright talk last year. Our topic was 1 in 100 - representing the 1 in 100 cases of Sexual Violence that results in a conviction. After the Cartwright panel, I was discussing needing our ‘own day’ with my colleague Kathryn McPhillips. Kathryn said we needed a Patron. Someone with a high profile and standing right next to us was Louise. Louise was the obvious choice! Louise represents survivor bravery and courage. When I first met Louise in 2006 I could see her humble determination to support the provision of services and justice for all those affected by sexual violence. So, from 2006 I campaigned with various government officials and Ministers to gain Louise a salary. Through RPE, in August 2008, Louise was appointed to the role of National Sexual Violence Survivor Advocate. In the last six years that I have worked along-side Louise I have witnessed her change the hearts and minds of members of the NZ Police, Law makers, Politicians and many different Communities of people. -
National Party Portfolio Responsibilities
NATIONAL PARTY PORTFOLIO RESPONSIBILITIES December 2006 1. John Key Leader SIS 2. Bill English Deputy Leader Finance 3. Gerry Brownlee Shadow Leader of the House Energy State Owned Enterprises State Services Chair of Strategy Committee 4. Simon Power Justice Corrections Commerce 5. Nick Smith Environment/RMA Conservation Climate Change Building & Construction Caucus representative on Party’s Board 6. Tony Ryall Health 7. Judith Collins Welfare Veterans’ Affairs Family Affairs 8. Katherine Rich Education 9. Maurice Williamson Transport Communications/Information Technology 10. David Carter Agriculture 11. Murray McCully Foreign Affairs Sport & Recreation Associate Defence 12. Lockwood Smith Immigration Revenue Associate Finance 13. Wayne Mapp Defence Auckland Issues Associate Labour & Industrial Relations Chair of Caucus Policy Committee 14. Chris Finlayson Attorney General Treaty Negotiations Arts, Culture & Heritage 15. Tim Groser Trade Associate Finance 16. Anne Tolley Chief Whip Associate Welfare (CYFS) 17. Lindsay Tisch Tourism Small Business Racing 18. Pansy Wong ACC Ethnic Affairs Associate Education (International Education) Associate Immigration 19. John Carter Local Government Civil Defence 20. Phil Heatley Housing Fisheries Associate Energy 21. Georgina Maori Affairs (Culture & Development) te Heuheu Associate Defence 22. Paul Hutchison Tertiary Education Associate ACC Research, Science & Technology/CRIs Policy on Children Disability Issues 23. Shane Ardern Biosecurity Forestry Customs 24. Richard Worth Economic Development -
Pressure Groups Under MMP
Pressure Groups Under MMP: A Study of Behaviour and Influence by Sam Buckle A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Arts in Political Science Victoria University of Wellington 2009 1 Contents Page No Abbreviations 4 Abstract 5 Chapter 1 – Introduction to Pressure Groups and MMP 7 A Pressure Group Culture The Adoption of MMP The “Rules of the Game” Chapter 2 – Expectations of Pressure Groups under MMP 15 Pressure Groups and State Structure Fragmentation of Power Methods of Influence, Insiders versus Outsiders Relationships and Points of Access Select Committees The Bureaucracy Media and Mobilisation Information Five Hypotheses for Examination Chapter 3 – The Structural Context for MMP Pressure Groups 40 Real but Variable Fragmentation of Power A Shift in Political Culture Non-Legislative Tools of Government Chapter 4 – Interviews and Case Studies 52 A Qualitative Research Methodology Expert Interviews Public Policy Case Studies Emissions Trading Scheme Waste Minimisation Bill Taxation Bill Therapeutic Products and Medicines Bill Chapter 5 –Pressure Group Behaviour and Influence Examined 78 Examining the Pressure Group Hypotheses Chapter 6 – Conclusions 104 Pragmatism, Flexibility, Independence Blurring of Insiders and Outsiders Complexity and Sophistication 2 References 113 Appendix A – Interview Template 120 Appendix B – Brief Interviewee Biographies 122 3 Abbreviations ACT – Association of Consumers and Taxpayers ENPP – Effective Number of Parliamentary