05 Chapters 10-13 Dewes
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Formation of Policy on Treaty of Waitangi Claims in the Pioneering Years, 1988-1998
Settling Treaty Claims: The Formation of Policy on Treaty of Waitangi Claims in the Pioneering Years, 1988-1998 Therese Suzanne Crocker A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy Victoria University of Wellington 2016 ABSTRACT For the past quarter-century the New Zealand government has negotiated with Māori groupings to find ways of compensating for the Crown’s historical breaches of the Treaty of Waitangi. The negotiations take place between mandated claimant negotiators and officials who represent the executive arm of government; the resultant settlements are then endorsed by legislation that declares them to be ‘full and final’ resolutions of historical grievances. This thesis analyses the way New Zealand governments conceived, introduced and implemented policies to address the claims during the pioneering years 1988–1998. The foundational policies worked out in this decade bedded-in the Treaty claims settlement processes which are now nearing their end. Through examining official archives, the thesis finds that these processes initially emerged as policy-driven responses to a combination of factors, such as the broad context of the ‘Māori Renaissance’, social shifts in understanding the past, legal cases and political pressure from iwi. The thesis goes on to explore several years of experimental negotiations and policy formulation which culminated in the Crown’s presentation in 1994 of both a suite of draft policies intended to offer a comprehensive approach to the negotiations process and a notional quantum of $1 billion to settle all historical claims (the ‘fiscal envelope’). It demonstrates that while this package was introduced to shape and contain the emergent settlement mechanisms and their outcomes, policies continued to be modified in highly significant ways. -
Race-Ing and Engendering the Nation-State in Aotearoa/New Zealand Nan Seuffert
Journal of Gender, Social Policy & the Law Volume 10 | Issue 3 Article 4 2002 Race-ing and Engendering the Nation-State in Aotearoa/New Zealand Nan Seuffert Follow this and additional works at: http://digitalcommons.wcl.american.edu/jgspl Part of the Foreign Law Commons, and the Human Rights Law Commons Recommended Citation Seuffert, Nan. "Race-ing and Engendering the Nation-State in Aotearoa/New Zealand." American University Journal of Gender Social Policy and Law 10, no. 3 (2002): 597-618. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Journal of Gender, Social Policy & the Law by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Seuffert: Race-ing and Engendering the Nation-State in Aotearoa/New Zealand SEUERT MACRO 4 WITH AUTHOR EDITS 7/17/02 4:56 PM RACE-ING AND ENGENDERING THE NATION-STATE IN AOTEAROA/NEW ZEALAND NAN SEUERT* I. Introduction...................................................................................................597 II. Silencing Maori Women: Alliances of Men Across Race ............................598 A. Disrupting New Zealand’s Illusion of National Unity: The Nation as Bicultural ...............................................................................................599 B. State Structural Adjustment: The Nation as Global -
Chapter 13: New Zealand
579 CAN MR ZAOUI FREELY CROSS THE FORESHORE AND SEABED? THE EFFECTIVENESS OF UN HUMAN RIGHTS MONITORING MECHANISMS IN NEW ZEALAND Jasper Krommendijk* This article analyses the impact and effectiveness of the most important international monitoring mechanism for New Zealand's international human rights obligations, which is the process of State reporting under United Nations human rights treaties by committees of experts. This article concludes that the organisation of this process in New Zealand has improved since the mid-2000s and that domestic actors, such as the New Zealand Human Rights Commission and non- governmental organisations, have become more involved. There is, however, no structural follow-up to the recommendations of the supervisory United Nations committees, and as a result they often remain largely ineffective. This article will explain why the reporting process under the United Nations Convention on the Rights of the Child is considerably more effective. Former Minister of Justice, the Hon Simon Power, stated that New Zealand's "record on human rights is among the best in the world".1 Likewise, the New Zealand Human Rights Commission * PhD researcher, Maastricht University. Email: [email protected]. This article is part of a more extensive PhD research project that is being conducted from November 2009 until March 2014 and that focuses on the impact and effectiveness of State reporting in the Netherlands, New Zealand and Finland. The author was a visiting researcher at Victoria University of Wellington in June 2012. He would like to thank Dr Petra Butler, Dr Bevan Marten, Professor Janet McLean and Peter Shuttleworth for their valuable comments on an earlier version. -
In Memoriam, HE Professor Dr. Christopher Gregory Weeramantry1
Revista Tribuna Internacional Volumen 6 • Nº 12 • 2017 ISSN 0719-482X (versión en línea) In Memoriam, HE Professor Dr. Christopher Gregory Weeramantry1 Sergio Peña Neira [email protected] Profesor Asociado de Derecho internacional público y Filosofía del Derecho en la Universidad Bernardo O´Higgins, Doctor por la Universidad Internacional de Andalucía. El día 5 de enero de 2017 ha fallecido en Colombo, Sri Lanka, uno de los juristas más relevantes para el Derecho internacional público y particularmente para el Derecho internacional del Desarrollo, el profesor Cristopher G. Weeramantry. Nacido el 17 de noviembre de 1926 en Colombo, Ceylán gran parte de su trabajo lo efectuó allí, en Australia y en La Haya (Holanda). El Centro de Estudios de Derecho Internacional Sustentable (en sus siglas en inglés CISDL) ha expresado que el juez Weeramantry, como se le conoció universalmente, fue uno de sus miembros más ilustres. Desarrolló, sin duda, un trabajo extraordinariamente fecundo en cuanto a sus ideas desde su trabajo como juez. Un jurista de gran bondad y autoexigencia. Fue uno de sus fundadores y patrón del mismo por 16 años.2 Sus estudios los realizó en Sri Lanka, Universidad de Ceylan, su país natal, en aquel tiempo el Royal College, Colombo para luego dedicar su tiempo y esfuerzo en una licenciatura en Derecho y doctorado en el King´s College London, una universidad de fama mundial, hoy parte de la Universidad de Londres. Esta universidad, sin duda, es la más importante universidad formadora de juristas en derecho internacional, transnacional, filosofía jurídica y derecho tributario del mundo. Sus estudios en Sri Lanka fueron excelsos en cuanto obtuvo premios de diversa índole.3 Sus primero pasos se encaminaron a la Historia para luego, bajo la influencia de su hermano Lucien Weeramantry, dedicarse al Derecho.4 1 Artículo enviado el 13.07.2017 y aceptado el 19.07.2017. -
Cathedral Working Group Recommendation Report
CATHEDRAL WORKING GROUP RECOMMENDATION REPORT NOVEMBER 2016 Released by the Minister supporting Greater Christchurch Regeneration This document and its contents are confidential and shall not be distributed, published, copied or reproduced without the express written permission of the Minister Supporting Greater Christchurch Regeneration and the Church Property Trustees. VERSION ISSUE DATE REASON FOR ISSUE AUTHOR APPROVED FOR ISSUE 1 28.10.16 Draft for Review Bianca Hurrell, RCP Marcus Read, RCP 2 31.10.16 Draft to include Bianca Hurrell, RCP Marcus Read, RCP comments from Working Group Chair Regeneration 3 01.11.16 Edited and Proofed Anna Komink, Axiom Marcus Read, RCP Final Draft to CWG / Bianca Hurrell, RCP 4 07.11.16 Updates following Bianca Hurrell, RCP / Marcus Read, RCP / CWG meeting Anna Komink, Axiom Geoff Dangerfield, CWG Christchurch 5 21.11.16 Updates as Geoff Dangerfield, Geoff Dangerfield, provided to CWG CWG / Marcus Read, CWG / Marcus Read, for review RCP RCP 6 24.11.16 Final Draft providedGreater Geoff Dangerfield, Marcus Read, RCP / to CWG for review CWG / Marcus Read, Geoff Dangerfield, RCP CWG 7 25.11.16 Final Copy Geoff Dangerfield, Geoff Dangerfield, CWG / Marcus Read, CWG / Marcus Read, RCP RCP supporting Minister the by Released ii CONTENTS 1.0 Executive Summary 1 2.0 Recommendations 7 3.0 Introduction 9 4.0 Background and Context 12 5.0 Values and Requirements of the ChristChurch Cathedral 13 6.0 Heritage and Archaeological Review Regeneration16 7.0 Structural Review 21 8.0 Regeneration of the Square 27 9.0 Delivery -
The Politics of Presence: Political Representation and New Zealand’S Asian Members of Parliament
THE POLITICS OF PRESENCE: POLITICAL REPRESENTATION AND NEW ZEALAND’S ASIAN MEMBERS OF PARLIAMENT By Seonah Choi A thesis submitted in fulfilment of the requirements for the degree of Master of Arts in Political Science at Victoria University of Wellington 2014 2 Contents Abstract .................................................................................................................................. 3 Acknowledgements ............................................................................................................... 4 List of Tables ......................................................................................................................... 5 Definitions ............................................................................................................................. 6 Chapter I: Introduction .......................................................................................................... 8 Chapter II: Literature Review .............................................................................................. 11 2.1 Representative Democracy ........................................................................................ 11 2.2 Theories of Political Representation .......................................................................... 12 2.3 Theories of Minority Representation ......................................................................... 27 2.4 Formulating a Framework ........................................................................................ -
BEYOND NUCLEAR NON-PROLIFERATION Number 02
BEYOND NUCLEAR NON- PROLIFERATION A Monthly Newsletter for Strengthening This page includes independent news NUMBER 02 coverage which is part of a project Awareness of Nuclear Abolition supported by Soka Gakkai International. IPS, the global news agency, brings you independent news and views on nuclear abolition. In this newsletter you will find in-depth reports by IPS correspondents and project partners from around the world as well as columns by experts, in addition to special sections for news from international NGOs and a review of the global media for a glimpse of what is happening on the ground. Join us in helping strengthen awareness about the abolition of nuclear weapons – and encourage your friends and colleagues to subscribe to this free monthly newsletter. Groups Seek World Court Opinion on Nukes By Thalif Deen UNITED NATIONS - A coalition of international non-governmental organisations (NGOs) is seeking an advisory opinion from the International Court of Justice (ICJ) - the second in 13 years - on the legality and use of nuclear weapons. Christopher Weeramantry, a former ICJ judge and president of the International Association of Lawyers Against Nuclear Arms (IALANA), says more than a decade has passed since the Court unanimously declared that nuclear weapons have the "potential to destroy all civilisation and the entire ecosystem of the planet." MORE >> Mayors Gather at U.N. to Lobby Against Nukes By Matthew Berger UNITED NATIONS - The issue of nuclear disarmament being discussed with new vigour in the halls of the U.N. as the third and final preparatory committee leading up to the 2010 review conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) meets over the next two weeks. -
New Zealand's Green Party and Foreign Troop Deployments: Views, Values and Impacts
New Zealand's Green Party and Foreign Troop Deployments: Views, Values and Impacts By Simon Beuse A Thesis Submitted to the Victoria University of Wellington in Fulfilment of the Requirements for the Degree of Master of Arts in Political Science School of History, Philosophy, Political Science and International Relations Victoria University of Wellington 2010 Content List of Abbreviations .................................................................................................................. 3 1 Introduction ......................................................................................................................... 5 2 New Zealand‘s Foreign Affairs .......................................................................................... 9 2.1 Public Perceptions ....................................................................................................... 9 2.2 History ....................................................................................................................... 10 2.3 Key Relationships ...................................................................................................... 11 2.4 The Nuclear Issue ...................................................................................................... 12 2.5 South Pacific .............................................................................................................. 14 2.6 Help in Numbers: The United Nations ...................................................................... 15 2.7 Defence Reform 2000 -
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. -
The Post of Vice-Chancellor, University of Jaffna Professor V.Tharmaratnam, Age 80
The Post of Vice-chancellor, University of Jaffna Professor V.Tharmaratnam, age 80; former Professor of Mathematics at the University of Colombo and later at the University of Jaffna, and is presently a member of the Council, University of Jaffna. Professor Tharmaratnam had ‘Appeared in Person’ in the Supreme Court Case SC Appeal 87/09 and in that case the Supreme Court gave him an opportunity to make oral and/or written submissions on 2nd September, 30th September and 18th November, 2010 against the FIVE BENCH judgment in SC Appeal 101- A/2009 of S.Rajendra Chettiar and others v Sitranjan Chettiar and others, which was decided on 10th June, 2010. He expressed his opinion at the Council meeting held on 25th February, 2017 that Professor Thiagalingam’s application should be accepted and voted at the elections held on 26th February, 2017 after stating that he is participating in the elections without prejudice to his rights to pursue his legal opinion. Professor Tharmaratnam’s written opinion based on his presentation to the Council on 25th February 2017 is given below. Legal Opinion: The Post of Vice-Chancellor, University of Jaffna was advertised on the 25th of November 2016, with 3 p.m., on 16th January 2017 as the closing time. Applications were invited by Hand or by Registered Post and there was a note that applications received after the closing time will not be considered. Professor Sam Thiagalingam from Boston University, U.S.A. had posted his application on the 27th of December, 2016 and the application was received at the University of Jaffna on the 18th of January, 2017 As the University of Jaffna had specified Registered Post as a medium of transmission for applications the following questions arise… i. -
1 the WORLD COURT PROJECT: HISTORY and CONSEQUENCES
THE WORLD COURT PROJECT: HISTORY and CONSEQUENCES by Kate Dewes and Robert Green Published in Canadian Foreign Policy Journal, Volume 7, Number 1, Fall 1999 The forces ranged against the view of illegality are truly colossal. However collisions with the colossal have not deterred the law on its upward course towards the concept of the rule of law. It has not flinched from the task of imposing constraints upon physical power when legal principle so demands. It has been by a determined stand against forces that seemed colossal or irresistible that the rule of law has been won. Judge Christopher Weeramantry, Dissenting Opinion, 1996. INTRODUCTION On 21 October 1999, a court case in Greenock, Scotland ended in a sensational outcome which will have major repercussions for the struggle to rid the world of nuclear weapons. Three women - Angie Zelter, Ulla Roder, and Ellen Moxley of the international Trident Ploughshares 2000 non-violent direct action campaign - were on trial before a jury for damaging some laboratory equipment used for operational support of the British Trident nuclear-armed ballistic missile submarine force. Their defence was that they had been compelled to act in order to prevent a crime of potential genocide. The judge accepted their argument that deployment of Trident is illegal, and that they were upholding the Nuremberg Charter - and she instructed the jury to acquit them. The women had based their defence on a 1996 Advisory Opinion by the International Court of Justice (ICJ), known as the World Court. The acquittal provoked an uproar in the UK, reigniting the anti-nuclear movement as the embarrassed Blair government 1 appealed against it in an attempt to have it overturned by the highest court in Scotland sometime during 2000 – but giving unprecedented publicity to this audacious challenge to the legality of Britain’s so-called “nuclear deterrent”. -
Socialist Worker Monthly Review #8 • June 2003 • $2 As Labour Bows to Bush & Business
Socialist Worker Monthly Review #8 • June 2003 • $2 As Labour bows to Bush & business... UNI STUDENTS KINLEITH MILL WORKERS PALESTINIAN HUMAN RIGHTS SUPPORTERS WEST COAST MINERS UNIVERSITY STAFF PEACE & JUSTICE CAMPAIGNERS People stand up for peace & justice Socialist Worker Monthly Review June 2003 1 What’s on of the owners have their own public, right- wing political agendas. Who owns our news Auckland media and does it mater? Presented by Bill Palestine / Israel, rally for peace Rosenberg. Support justice and peace, based on re- Trades Hall, 147 Great North Road, moval of Israeli Occupation, right of re- Grey Lynn. Tuesday, June 17, 2003 at turn for refugees, sharing Jerusalem, ces- 7:30pm. GPJA Organising Committee will sation of Jewish-only settlements in occu- be at 6:30pm, before the forum, at the pied Palestine. Unite Office, Trades Hall. Anyone willing WHO SAYS? Aotea Square (Queen St, Auckland), to help is welcome. 2pm, Saturday June 7. Organised by Pal- “There was no doubt in my mind as estine Human Rights Committee. Phone I went through the intelligence... David Wakim 520 0201. the evidencec was overwhelming Fourth of July that they had continued to develop Aceh—the New East Timor? The Fourth of July is US Independ- these programmes.” The political background, the human ence Day. This year it will be a global Colin Powell, US secretary of state. rights crisis and how New Zealand can day of protest against the US occupa- help. Speakers include Margaret Taylor tion of Afghanistan and Iraq and their “In intelligence there is one (Amnesty International), Maire military threats against Iran, Syria and unpardonable sin – cooking Leadbeater (Indonesia Human Rights Cuba.