Bicameralism in the New Zealand Context
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A/HRC/18/35/Add.4 General Assembly
United Nations A/HRC/18/35/Add.4 General Assembly Distr.: General 31 May 2011 Original: English Human Rights Council Eighteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya Addendum The situation of Maori people in New Zealand∗ Summary In the present report, which has been updated since the advance unedited version was made public on 17 February 2011, the Special Rapporteur on the rights of indigenous peoples examines the situation of Maori people in New Zealand on the basis of information received during his visit to the country from 18-23 July 2010 and independent research. The visit was carried out in follow-up to the 2005 visit of the previous Special Rapporteur, Rodolfo Stavenhagen. The principal focus of the report is an examination of the process for settling historical and contemporary claims based on the Treaty of Waitangi, although other key issues are also addressed. Especially in recent years, New Zealand has made significant strides to advance the rights of Maori people and to address concerns raised by the former Special Rapporteur. These include New Zealand’s expression of support for the United Nations Declaration on the Rights of Indigenous Peoples, its steps to repeal and reform the 2004 Foreshore and Seabed Act, and its efforts to carry out a constitutional review process with respect to issues related to Maori people. Further efforts to advance Maori rights should be consolidated and strengthened, and the Special Rapporteur will continue to monitor developments in this regard. -
Introduction to Volume 1 the Senators, the Senate and Australia, 1901–1929 by Harry Evans, Clerk of the Senate 1988–2009
Introduction to volume 1 The Senators, the Senate and Australia, 1901–1929 By Harry Evans, Clerk of the Senate 1988–2009 Biography may or may not be the key to history, but the biographies of those who served in institutions of government can throw great light on the workings of those institutions. These biographies of Australia’s senators are offered not only because they deal with interesting people, but because they inform an assessment of the Senate as an institution. They also provide insights into the history and identity of Australia. This first volume contains the biographies of senators who completed their service in the Senate in the period 1901 to 1929. This cut-off point involves some inconveniences, one being that it excludes senators who served in that period but who completed their service later. One such senator, George Pearce of Western Australia, was prominent and influential in the period covered but continued to be prominent and influential afterwards, and he is conspicuous by his absence from this volume. A cut-off has to be set, however, and the one chosen has considerable countervailing advantages. The period selected includes the formative years of the Senate, with the addition of a period of its operation as a going concern. The historian would readily see it as a rational first era to select. The historian would also see the era selected as falling naturally into three sub-eras, approximately corresponding to the first three decades of the twentieth century. The first of those decades would probably be called by our historian, in search of a neatly summarising title, The Founders’ Senate, 1901–1910. -
Imagereal Capture
FEDERAL DEADLOCKS : ORIGIN AND OPERATION OF SECTION 57 By J. E. RICHARDSON* This article deals with the interpretation of section 57 of the Con- stitution, and the consideration of deadlocks leading to the framing of a section at the Federal Convention Debates in Sydney in 1891 and in the three sessions held at Adelaide, Sydney and Melbourne respectively in 1897-8. It also includes a short assessment of the operation of section 57 since federation. Section 57 becomes explicable only after the nature of Senate legislative power as defined in section 53 is understood. Accordingly, the article commences by examining Senate legislative power. The two sections read: '53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law. The Senate may not amend proposed laws imposing taxation, or propoaed laws appropriating revenue or moneys for the ordinary annual services of the Government. The Senate may not amend any proposed law so as to increase any pro- posed charge or burden on the people. The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications. -
Rekohu Report (2016 Newc).Vp
Rekohu REKOHU AReporton MorioriandNgatiMutungaClaims in the Chatham Islands Wa i 6 4 WaitangiTribunalReport2001 The cover design by Cliff Whiting invokes the signing of the Treaty of Waitangi and the consequent interwoven development of Maori and Pakeha history in New Zealand as it continuously unfoldsinapatternnotyetcompletelyknown AWaitangiTribunalreport isbn 978-1-86956-260-1 © Waitangi Tribunal 2001 Reprinted with corrections 2016 www.waitangi-tribunal.govt.nz Produced by the Waitangi Tribunal Published by Legislation Direct, Wellington, New Zealand Printed by Printlink, Lower Hutt, New Zealand Set in Adobe Minion and Cronos multiple master typefaces e nga mana,e nga reo,e nga karangaranga maha tae noa ki nga Minita o te Karauna. ko tenei te honore,hei tuku atu nga moemoea o ratou i kawea te kaupapa nei. huri noa ki a ratou kua wheturangitia ratou te hunga tautoko i kokiri,i mau ki te kaupapa,mai te timatanga,tae noa ki te puawaitanga o tenei ripoata. ahakoa kaore ano ki a kite ka tangi,ka mihi,ka poroporoakitia ki a ratou. ki era o nga totara o Te-Wao-nui-a-Tane,ki a Te Makarini,ki a Horomona ma ki a koutou kua huri ki tua o te arai haere,haere,haere haere i runga i te aroha,me nga roimata o matou kua mahue nei. e kore koutou e warewaretia. ma te Atua koutou e manaaki,e tiaki ka huri Contents Letter of Transmittal _____________________________________________________xiii 1. Summary 1.1 Background ________________________________________________________1 1.2 Historical Claims ____________________________________________________4 1.3 Contemporary Claims ________________________________________________9 1.4 Preliminary Claims __________________________________________________11 1.5 Rekohu, the Chatham Islands, or Wharekauri? _____________________________12 1.6 Concluding Remarks ________________________________________________13 2. -
Case Study: New Zealand
Case Study: New Zealand Background Because of its geographic location, its dependence on tourism, and the absence of a comprehensive rail network, New Zealand has developed a large international and national airports network over the years. Until 1966, almost all New Zealand important airports were developed by the State and remained under the central Government ownership and management. There are three main international airports. First, Auckland Airport is the busiest and the main international airport. It is the only airport serving the Auckland metropolitan area, which gathers a third of the country’s total population. Second, Wellington International Airport is also a major domestic hub serving mainly business and government. International flights at Wellington Airport are principally from/to Australia. Third, Christchurch International Airport is the major international airport in the South Island, where it acts as the main hub and attracts a significant share of New Zealand’s international tourist traffic. There are other international airports in New Zealand, such as Dunedin, Hamilton, Queenstown, and Palmerston North, which also get flights from other countries (mainly Australia). Other commercial airports serve domestic and regional traffic. Commercialization/privatization: Airports The commercialization of New Zealand’s airports started early. First, the 1961 Joint Airport Scheme established the principles that resulted in both central and local governments jointly owning and operating airport facilities. The objective of this policy was both to benefit from the expertise of local governments on regional economic needs and opportunities, and to make local government directly invest in airport infrastructure. In 1974, 24 airports throughout New Zealand were under a joint venture ownership. -
The Waitangi Tribunal's WAI 2575 Report
HHr Health and Human Rights Journal The Waitangi Tribunal’s WAI 2575 Report: ImplicationsHHR_final_logo_alone.indd 1 10/19/15 10:53 AM for Decolonizing Health Systems heather came, dominic o’sullivan, jacquie kidd, and timothy mccreanor Abstract Te Tiriti o Waitangi, a treaty negotiated between Māori (the Indigenous peoples of Aotearoa) and the British Crown, affirmed Māori sovereignty and guaranteed the protection of hauora (health). The Waitangi Tribunal, established in 1975 to investigate alleged breaches of the agreement, released a major report in 2019 (registered as WAI 2575) about breaches of te Tiriti within the health sector in relation to primary care, legislation, and health policy. This article explores the implications of this report for the New Zealand health sector and the decolonial transformation of health systems. The tribunal found that the Crown has systematically contravened obligations under te Tiriti across the health sector. We complement the tribunal’s findings, through critical analysis, to make five substantive recommendations: (1) the adoption of Tiriti-compliant legislation and policy; (2) recognition of extant Māori political authority (tino rangatiratanga); (3) strengthening of accountability mechanisms; (4) investment in Māori health; and (5) embedding equity and anti-racism within the health sector. These recommendations are critical for upholding te Tiriti obligations. We see these requirements as making significant contributions to decolonizing health systems and policy in Aotearoa and thereby contributing to aspirations for health equity as a transformative concept. Heather Came is Senior Lecturer at the Faculty of Health and Environment Sciences, Auckland University of Technology, Auckland, New Zealand. Dominic O’Sullivan is Associate Professor at the School of Humanities and Social Sciences, Charles Sturt University, Canberra, Australia. -
Leadership and the Australian Greens
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Research Online @ ECU Edith Cowan University Research Online ECU Publications Post 2013 1-1-2014 Leadership and the Australian Greens Christine Cunningham Edith Cowan University, [email protected] Stewart Jackson Follow this and additional works at: https://ro.ecu.edu.au/ecuworkspost2013 Part of the Leadership Studies Commons, and the Political Science Commons 10.1177/1742715013498407 This is an Author's Accepted Manuscript of: Cunningham, C., & Jackson, S. (2014). Leadership and the Australian Greens. Leadership, 10(4), 496-511. Reprinted by permission of SAGE Publications. Available here. This Journal Article is posted at Research Online. https://ro.ecu.edu.au/ecuworkspost2013/26 Leadership and the Australian Greens Christine Cunningham School of Education, Education and the Arts Faculty, Edith Cowan University, Australia Stewart Jackson Department of Government and International Relations, Faculty of Arts, The University of Sydney, Australia Abstract This paper examines the inherent tension between a Green political party’s genesis and official ideology and the conventional forms and practices of party leadership enacted in the vast bulk of other parties, regardless of their place on the ideological spectrum. A rich picture is painted of this ongoing struggle through a case study of the Australian Greens with vivid descriptions presented on organisational leadership issues by Australian state and federal Green members of parliaments. What emerges from the data is the Australian Green MPs’ conundrum in retaining an egalitarian and participatory democracy ethos while seeking to expand their existing frame of leadership to being both more pragmatic and oriented towards active involvement in government. -
The University of Waikato, Hamilton, New Zealand Hamilton, of University the Waikato, to Study in 2011 Choosing Students – for Prospectus International
THE UNIVERSITY OF WAIKATO, HAMILTON, NEW ZEALAND HAMILTON, WAIKATO, THE UNIVERSITY OF The University of Waikato, Hamilton, New Zealand International Prospectus – For students choosing to study in 2011 INTERNATIONAL PROSPECTUS PROSPECTUS INTERNATIONAL THERE’S NO STOPPING YOU E KORE E TAEA TE AUKATI I A KOE For students choosing to study in 2011 students choosing For 2011 The University of Waikato Waikato International Private Bag 3105 Phone: +64 7 838 4439 Hamilton 3240 Fax: +64 7 838 4269 New Zealand Email: [email protected] Website: www.waikato.ac.nz Website: www.waikato.ac.nz/international ©The University of Waikato, June 2010. twitter.com/ StudyAbroad http:// _UOW Keep up-to-date up-to-date Keep latest news latest news and events with the with the Find us on uson Find facebook TTH FM Te Timatanga Hou Campus map College Hall TG TT TW TX TL TC TA Orchard Park 194H Te Kohanga Reo TSR Creche MS6 CRC Te Kura Kaupapa MS1 Maori o Toku ‘Station MS3 Mapihi Maurea Cafè’ MS5 B ELT MS4 Unisafe BX ‘Momento’ MS9 MSB UL3 MS8 Library Academy Bennetts Bookshop M 2 RB 1 NIWA Oranga Village Green LAW L TEAH A KP Landcare Student Research The Union SP Cowshed K Student SUB Village Rec S Centre FC1 SRC J Aquatic F G Research FC2 Centre I E CONF Chapel CHSS TRU Student LAIN R D Services Bryant EAS Hall LITB C ITS BL LSL GWSP Find us on iTunes U http://picasaweb. google.com/ Waikato. International 1 Contents 04 20 CHOOSE WAIKATO CHOOSE YOUR SUBJECT Welcome 4 Subjects 20 Why New Zealand? 6 Why Waikato? 8 Our beautiful campus – (65 hectares/160 acres) -
Sub-National Second Chambers and Regional Representation: International Experiences Submission to Kelkar Committee on Maharashtra
Sub-national Second Chambers and regional representation: International Experiences Submission to Kelkar Committee on Maharashtra By Rupak Chattopadhyay October 2011 The principle of the upper house of the legislature being a house of legislative review is well established in federal and non-federal countries like. Historically from the 17th century onwards, upper houses were constituted to represent the legislative interests of conservative and corporative elements (House of Lords in the UK or Senate in Bavaria or Bundesrat in Imperial Germany) against those of the ‘people’ as represented by elected lower houses (e.g. House of Commons). The United States became the first to use the upper house as the federating chamber for the country. This second model of bicameralism is that associated with the influential ‘federal’ example of the US Constitution, in which the second chamber was conceived as a ‘house of the states’. It has been said in this regard that federal systems of government are highly conducive to bicameralism in which a senate serves as a federal house whose members are selected to represent the states or provinces, with each constituent state provided equal representation. The Australian Senate was conceived along similar lines, with the Constitution guaranteeing each state, again regardless of its population, an equal number of senators. At present, the Australian Senate consists of 76 senators, 12 from each of the six states and two from each of the mainland territories.60 The best contemporary example of a second chamber which does, in fact, operate as an effective ‘house of the states’ is the German Bundesrat, members of which are appointed by state governments from amongst their members, with each state having between three and six representatives, depending on population. -
3. Scrutiny Mechanisms
3. Scrutiny Mechanisms Contents Summary 53 Policy development and legislative drafting 55 Drafting and policy development 55 Explanatory material 56 Consultation on draft Bills 57 Parliamentary scrutiny processes 58 Senate Standing Committee on Regulations and Ordinances 58 Senate Standing Committee for the Scrutiny of Bills 60 Parliamentary Joint Committee on Human Rights 61 Senate Standing Committee on Legal and Constitutional Affairs 62 Parliamentary Joint Committee on Intelligence and Security 63 Parliamentary Joint Committee on Law Enforcement 64 Other review mechanisms 65 Australian Human Rights Commission 65 Independent National Security Legislation Monitor 65 Australian Law Reform Commission 65 Efficacy of guidance materials and pre-legislative processes 66 Efficacy of scrutiny and review mechanisms 67 Overlapping parliamentary scrutiny 67 Statements of compatibility and explanatory memoranda 69 Time constraints and parliamentary consideration of Committee reports 71 Review bodies 75 Conclusion 75 Summary 3.1 Existing and proposed laws are scrutinised for compatibility with rights and principles, including the traditional rights and freedoms identified in the Terms of Reference for this Inquiry, at a number of stages and by a number of different agencies, bodies and institutions. This chapter outlines some of these processes for testing compatibility, with a particular focus on scrutiny of draft legislation by parliamentary Committees, and considers how the processes may be improved. 3.2 Scrutiny of laws for compatibility with rights may be seen as part of a ‘democratic culture of justification’—that is, a culture in which ‘every exercise of public power is expected to be justified by reference to reasons which are publicly 54 Traditional Rights and Freedoms available to be independently scrutinised for compatibility with society’s fundamental commitments’.1 3.3 Such scrutiny can provide a check on legislative interferences with rights. -
Bicameralism
Bicameralism International IDEA Constitution-Building Primer 2 Bicameralism International IDEA Constitution-Building Primer 2 Elliot Bulmer © 2017 International Institute for Democracy and Electoral Assistance (International IDEA) Second edition First published in 2014 by International IDEA International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. The electronic version of this publication is available under a Creative Commons Attribute-NonCommercial- ShareAlike 3.0 (CC BY-NC-SA 3.0) licence. You are free to copy, distribute and transmit the publication as well as to remix and adapt it, provided it is only for non-commercial purposes, that you appropriately attribute the publication, and that you distribute it under an identical licence. For more information on this licence visit the Creative Commons website: <http://creativecommons.org/licenses/by-nc-sa/3.0/> International IDEA Strömsborg SE–103 34 Stockholm Sweden Telephone: +46 8 698 37 00 Email: [email protected] Website: <http://www.idea.int> Cover design: International IDEA Cover illustration: © 123RF, <http://www.123rf.com> Produced using Booktype: <https://booktype.pro> ISBN: 978-91-7671-107-1 Contents 1. Introduction ............................................................................................................. 3 Advantages of bicameralism..................................................................................... -
Todd Farrell Thesis
The Australian Greens: Realignment Revisited in Australia Todd Farrell Submitted in fulfilment for the requirements of the Doctorate of Philosophy Swinburne University of Technology Faculty of Health, Arts and Design School of Arts, Social Sciences and Humanities 2020 ii I declare that this thesis does not incorporate without acknowledgement any material previously submitted for a degree in any university or another educational institution and to the best of my knowledge and belief it does not contain any material previously published or written by another person except where due reference is made in the text. iii ABSTRACT Scholars have traditionally characterised Australian politics as a stable two-party system that features high levels of partisan identity, robust democratic features and strong electoral institutions (Aitkin 1982; McAllister 2011). However, this characterisation masks substantial recent changes within the Australian party system. Growing dissatisfaction with major parties and shifting political values have altered the partisan contest, especially in the proportionally- represented Senate. This thesis re-examines partisan realignment as an explanation for party system change in Australia. It draws on realignment theory to argue that the emergence and sustained success of the Greens represents a fundamental shift in the Australian party system. Drawing from Australian and international studies on realignment and party system reform, the thesis combines an historical institutionalist analysis of the Australian party system with multiple empirical measurements of Greens partisan and voter support. The historical institutionalist approach demonstrates how the combination of subnational voting mechanisms, distinctly postmaterialist social issues, federal electoral strategy and a weakened Labor party have driven a realignment on the centre-left of Australian politics substantial enough to transform the Senate party system.