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Xerox University Microfilms
INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target” for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning” the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections with a small overlap. If necessary, sectioning is continued again — beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation. -
A RETROSPECTIVE on the WOODHOUSE REPORT: the VISION, the PERFORMANCE and the FUTURE Rt Hon Sir Geoffrey Palmer QC*
401 A RETROSPECTIVE ON THE WOODHOUSE REPORT: THE VISION, THE PERFORMANCE AND THE FUTURE Rt Hon Sir Geoffrey Palmer QC* The following is a revised version of the second Woodhouse Memorial Lecture given at both the Victoria University of Wellington and the University of Auckland in September 2018. It traces the history and policy iterations of New Zealand's accident compensation scheme that flowed from the 1967 Woodhouse Report (the Report), a Royal Commission report chaired by Sir Owen Woodhouse. It discusses the features of the Report and the determination it showed to get rid of the common law action for damages for personal injury. It analyses the degree to which the Report was not followed in the journey it took through the political decision-making system. There is a critical analysis of the delivery of benefits, the administration of the scheme and its financing. The performance in accident prevention and rehabilitation is briefly covered. The method of settling disputes in the scheme has seen an unwelcome return to legalism. The lecture concludes with a strong plea to remove the anomalies created by the accident compensation scheme between the vicitims of accident who receive earnings related-benefit and those who are dealt with under the Social Security Act 2018 under which they receive flat rate benefits. The lecture concludes with some lessons for policymakers. I INTRODUCTION This lecture is part of a Festschrift for Professor Gordon Anderson who has given sterling service to the Victoria University of Wellington. He has specialised in employment law and the regulation of labour and work. -
Grantees Booklet 2010 Inside.Indd
2010 Fulbright New Zealand Grantees Booklet The Fulbright Programme The Fulbright programme of international educational exchange was an initiative of American Senator J. William Fulbright from Arkansas, who in the aftermath of World War II believed that mutual understanding between different countries and cultures was crucial to ensure a peaceful future for the world. The Fulbright Act, an ingenious piece of legislation passed by the United States Congress in 1946, directed proceeds from the sale of surplus war property, foreign loan repayments and reparations to fund the “promotion of international good will through the exchange of students in the fields of education, culture, and science.” In Senator Fulbright’s own words, the Fulbright programme aims “to bring a little more knowledge, a little more reason and a little more compassion into world affairs and thereby to increase the chance that nations will learn at last to live in peace and friendship.” New Zealand was the fifth country to sign up to the Fulbright programme by bilateral treaty with the United States of America, in 1948. Since then Fulbright New Zealand has sent more than 1,400 New Zealand graduate students, artists, academics and professionals to the US and welcomed more than 1,100 Americans on exchanges here. Fulbright New Zealand is jointly funded by the US and New Zealand governments with additional funding from award sponsors, private philanthropists and alumni donors. It is governed by a twelve member Board of Directors comprised of six New Zealanders and six Americans. The Fulbright programme has been described as one of the largest and most significant movements of scholars across the face of the earth and now operates in over 155 countries, funding around 8,000 exchanges per year for participants to study, research, teach or present their work in another country. -
Summer Event Flyer
100 Years of the Peace Palace: Prospects for the International Adjudication and Arbitration A presentation by His Excellency Judge Sir Kenneth Keith Date: Tuesday, 27 August 2013 Time: 5.30-6.30pm Venue: Lecture Theatre Two, Rutherford House Victoria University Pipitea Campus (23 Lambton Quay, Wellington) Invitation Entry to Rutherford House is via Bunny Street or Lambton Quay. See grid c/d-10 on the Pipitea campus map. RSVP not required. In this address Judge Sir Kenneth Keith, one of the 15 members of the International Court of Justice which since 1946 has sat in the Great Hall of Justice in the Peace Palace will attempt to draw lessons for the future. He will consider the experience of that Court, its predecessor, the Permanent Court of International Justice (1922-1946), the Permanent Court of Arbitration (1899- ) for which the building was constructed, and the many other Courts and Tribunals which have been established over the last century and earlier, but especially in recent decades. What are their strengths and limits? What improvements might be considered? Should greater attention be given to other methods for the peaceful settlement of international disputes? How are these matters to be seen in the context of the dreadful events which followed only a year after the opening of the Palace dedicated to Peace through Law? Sir Kenneth Keith is the first New Zealander to be elected as a Judge of the International court of Justice. He was elected by the UN General Assembly and Security Council in 2005 to serve a nine-year term. He served earlier as a judge of the New Zealand Court of Appeal and Supreme Court (1996-2006) and a judge of appeal in Samoa, the Cook Islands, Niue and Fiji; a member of arbitration tribunals; a law commissioner in New Zealand; Professor and Dean of Law at Victoria University of Wellington (now Professor Emeritus); and a member of the legal offices of the United Nations and MFAT. -
Law Reform and the Trans Tasman Log Jam, Twentie
LAW COMMISSION OF NEW ZEALAND TWENTIETH ANNIVERSARY CONFERENCE WHAT IS DISTINCTIVE ABOUT NEW ZEALAND LAW AND THE NEW ZEALAND WAY OF DOING LAW? WELLINGTON, NEW ZEALAND, FRIDAY 25 AUGUST 2006 LAW REFORM AND THE TRANS TASMAN LOG JAM The Hon Justice Michael Kirby AC CMG* AN ENORMOUS PRESUMPTION Law is full of presumptions. Some of them are innocent enough, although often they involve quite fantastic notions to which judges and lawyers solemnly give effect. One such presumption paid us a visit in the High Court of Australia recently. It happened in Neilson v Overseas Projects Corporation of Victoria Ltd1. The case involved a person from Western Australia, married to an employee of a corporation formed in Victoria, injured in a university facility in China. We all solemnly sat there * Justice of the High Court of Australia (1996-) and one-time Chairman of the Australian Law Reform Commission (1975-84). 1 (2005) 223 CLR 331. 2. struggling with the suggestion that inherited English law required us to presume that the applicable law of China was the same as the applicable law of Australia - whatever that might be. Justice McHugh and I dissented, not being willing to presume so much2. However, the majority were untroubled. They found no offence to reason in the notion that the good people of Wuhan (although undoubtedly oblivious to the fact) were living under the blessings of the same law as Australia, indeed of a particular Australian State, yet to be ascertained. I do not much like presumptions. It is a distaste that I have inherited from Justice Lionel Murphy3. -
Family Maintains Professorial Tradition
Fortnightly newsletter for University staff | Volume 38 | Issue 15 | 15 August 2008 Family maintains Key events professorial tradition Hive mind Chris Knox, well-known connoisseur of weird movies, will present a free late-night programme of apocalyptic cinema tracking the dubious legacy of Irwin Allen’s film The Swarm. This will take place at the Gus Fisher Gallery at 6pm on Saturday 16 August, the last day of an exhibition curated by Andrew Clifford, entitled “The swarm: a peek into the hive mind”. The movie, depicting a mutant strain of African bees that threaten to take over the United States, was the point of departure for the show, which explores the complexities of collective intelligence, networked manoeuvres and crowd control. Research challenges The six lectures in the Winter Lecture Series for 2008 are designed to provide thought- provoking reflections on some of the key challenges in modern research. On 19 August from 1-2pm in the Maidment Theatre, PhD students An Hertogen and Bridget Kool, in a session chaired by Professor Jenny Dixon (Planning), will discuss issues facing graduate Adrienne Stone (left) and Jonathan Stone. researchers in the current tertiary education environment. They will explore barriers and An illustrious family and academic link extending for comparativism”. It was the second in the Law enablers for completion, including funding, across three generations was celebrated recently School’s “Heritage lectures” marking 125 years of supervision, and possible future support at the Law School. law teaching at Auckland. mechanisms. The grand-daughter and son of Professor Julius Her research interests are similar to her Stone, who held a chair in Law at Auckland from grandfather’s: constitutional law and constitutional Tragedy in time 1939-41, presented a copy of his portrait while theory with a focus on freedom of expression and Was Shakespeare a lone genius or a product visiting from Australia. -
Nagel Ingredients for Success
INGREDIENTS CONDUCIVE TO SUCCESSFUL (AND LASTING) ELECTORAL REFORM Jack Nagel1 Paper prepared for the Workshop on Electoral Systems, Electoral Reform, and Implications for Democratic Performance Program on American Democracy in Comparative Perspective Stanford University March 14-15, 2014 Distilling from New Zealand's experience from 1984 to 2011, this paper extracts eleven ingredients that I believe were necessary to the success of electoral reform there and that may be equally essential, or at least conducive, to reform in other established democracies, including the United States. Such a long list may seem unwieldy, but the objective here is not scientific parsimony, but pragmatic appreciation of what it takes to succeed in a difficult undertaking. 2 The paper is divided into four parts. The first simply lists the eleven ingredients without elaboration. The second explains how all eleven were crucial to the reform process in New Zealand. The third points to their presence or absence when serious reform attempts failed in Britain and Canada. Part IV discusses whether each ingredient obtains or can be promoted in the U.S. The entire presentation is brief, verging on schematic. Most workshop participants will already be familiar with the history mentioned in Parts II and III, and I intend Part IV mainly as a springboard for discussion. Although some points may apply more generally, I assume a context in which the electoral status quo is a plurality-rule system and reformers advocate a more complex alternative, such as any type of proportional representation for legislative elections or instant-runoff voting (IRV) for single-winner elections. -
The Radio Broadcasts
8:/?8:. I am honoured and grateful to have the opportunity to associate myself with the publication of the volumes Letters to Australia, talks given on national radio in Australiabymyformerprofessor,JuliusStone.HeheldthepositionofChallisPro- fessor of International Law and Jurisprudence at the University of Sydney, for 30 years from March 1942. This first publication of 185 commentaries, in two vol- umes, commences with 13 delivered over a period of two months in the middle of 1942 when the war was going badly for the Allies, when the Wehrmacht controlled Europe from the Atlantic to Stalingrad, and Singapore had fallen to the Japanese the month before. The remaining 172 talks in this series start in July 1945 with the ‘Birth of the United Nations’ and continue through to October 1948 when Profes- sor Stone took up a visiting professorship in the United States. On his return to Sydney in early 1950 he resumed the weekly commentaries, which concluded in 1972, some 13 years before his death at the age of 78 years. What is quite remarkable about these broadcasts is that they were conceived and written thousands of miles away from the centre of the war and of subsequent global political developments. Stone’s sources were the newspapers, weekly publi- cations and radio and, no doubt, correspondence with his wide range of friends. He had no large research staff to assist him. We must all be grateful to his most talented children, Michael, Jonathan and Eleanor for their years of work in finding the texts and in organising them in such a creative manner in the two volumes presented here. -
Annual Report 1988-1989
Report No 10 Annual Report 1989 NZLC R10 E 31 Report of the LAW COMMISSION for the year ended 31 March 1989 Presented to the House of Representatives pursuant to section 17 of the Law Commission Act 1985 1989 Wellington, New Zealand Price Code: 28 - C Report/Law Commission Wellington 1989 ISSN 0114-085X This report may be cited as: NZLC R10 Also published as Parliamentary Paper E 31 1 14 July 1989 Rt Hon Geoffrey Palmer Minister of Justice Parliament Buildings Wellington Dear Minister I have the honour to transmit to you the annual report of the Law Commission for the year ended 31 March 1989. This report is prepared pursuant to section 17 of the Law Commission Act 1985. Yours sincerely A O WOODHOUSE President INTRODUCTION The Law Commission was established by the Law Commission Act 1985 and came into existence on 1 February 1986. This report covers the third full year of its operation. The Commission's principal functions are to keep the whole of the law of New Zealand under review in a systematic way; to make recommendations to the Minister of Justice for the reform or development of particular aspects of the law; to advise on reviews of the law conducted by other government agencies; and to propose ways of making the law as understandable and accessible as is practicable. In making its recommendations the Commission is to take into account te ao Maori (the Maori dimension) and give consideration to the multicultural character of New Zealand society, and to have regard to the desirability of simplifying the expression and content of the law as far as practicable. -
The Sir Owen Woodhouse Memorial Lecture Susan St John Reflections
The Sir Owen Woodhouse Memorial Lecture Susan St John Reflections on the Woodhouse legacy for the 21st century 16th October 2019 Wellington, 22nd October 2019 Auckland Abstract: The Sir Owen Woodhouse legacy can be described as a ‘paradigm shift’ in the thinking around compensation for accidents, prevention and rehabilitation. The 1967 report provided a no-fault compensation benchmark blueprint for New Zealand, and the subsequent ACC legislation has been admired if not fully adopted by other countries. Enduringly today, the Woodhouse principles and thinking are influencing the next paradigm shift that is occurring in welfare. The widespread reform needed requires relinquishing 19th century thinking to embrace a modern inclusive wellbeing-focused welfare state fit for the changing roles of women, work, and uncertainty in the 21st century. A paradigm shift is a “…disjunctive process associated with periodic discontinuities in policy” (Hall 1993: 279). It requires the world is viewed in a different way and thus paradigm changes are painful, resisted, and often subject to reversionary changes. Nevertheless, they are the way in which progress is made. The lessons since the ACC scheme began, are that entrenched thinking dies hard and clear guiding principles can be easily lost. The Owen Woodhouse vision that moves us to a unified welfare system requires eternal vigilance, education of policy makers and the public, and a resolve not to slip back into to old habitual thinking. 1 Introduction I am hugely honored and delighted to have been asked by the Woodhouse family to deliver the third Woodhouse memorial lecture. The first memorial lecture was Sir Kenneth Keith’s, From this nettle, danger we pluck the flower, safety (Keith, 2018), and the second Sir Geoffrey Palmer’s, A retrospective on the Woodhouse report: the vision, the performance and the future(Palmer, 2018). -
Promoting Safety Through Law, National and International, and by Other Means
229 PROMOTING SAFETY THROUGH LAW, NATIONAL AND INTERNATIONAL, AND BY OTHER MEANS KJ Keith* The Woodhouse family, friends of Sir Owen Woodhouse and the law faculties of the Victoria University of Wellington and the University of Auckland decided on the occasion of what would have been Sir Owen Woodhouse's 100th birthday that a fellowship and lectureship should be established in recognition of the great contributions he has made to law and policy in New Zealand and beyond. The fellows and lecturers are not to see themselves as limited to the law and are encouraged to address broader matters challenging people here and abroad. Sir Kenneth Keith gave the inaugural Sir Owen Woodhouse Memorial Lecture in Wellington on 29 August 2017 and in Auckland on 30 August 2017. The address considers in turn the dangers and perils at work, at sea and on the battlefield. It reflects on New Zealand's accident compensation scheme and suggests possible extensions to the scheme. … out of this nettle, danger, we pluck this flower, safety.1 I have learned a great deal from my mentors over many years. For more than 50 years, Owen Woodhouse was a major one and indeed continues to be. He emphasised the importance of getting the question right, of establishing the facts, of seeking out the relevant values, policies and principles, of understanding the need to balance competing values, policies and principles and of the ongoing assessment of the impact of the law that results. Clear thinking, clear writing and getting the first sentence right were also critical. So too was the international and comparative material. -
The Iron Rule of Political Contest 33 4 the Everyday Paradox 47 Conclusion to Part One 59
With Respect Parliamentarians, officials, and judges too Mark Prebble Institute of Policy Studies First printed in 2010 Institute of Policy Studies School of Government Victoria University of Wellington PO Box 600 Wellington © Institute of Policy Studies ISBN 978–1–877347–38–2 IPS 167 This book is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced without the permission of the Institute of Policy Studies. Copy editors: Belinda Hill and Victor Lipski Indexer: Diane Lowther Cover design: Milne Print Cover illustration: ‘Benefits of Good Government’ (detail, inverted); tapestry by Mark Prebble based on the painting by Ambrogio Lorenzetti Printed by Milne Print To information and information technology staff in government agencies who ensure government websites have accessible and accurate information. Their efforts contribute to honesty and openness in the New Zealand government Contents Preface vii Contributors xi 1 Introduction 1 Part One: Principle, Contest and Clash: The basics Introduction to Part One 9 2 Constitutional Principles Come from History 11 3 The Iron Rule of Political Contest 33 4 The Everyday Paradox 47 Conclusion to Part One 59 Part Two: Parliament is Sovereign: Or so they say Introduction to Part Two 63 5 Who Makes the Law? 65 6 Who Is in Charge Here? 89 7 Who Makes Things Happen? 105 8 Who Controls Parliament? 119 Conclusion to Part Two 127 Part Three: Parliament in Action Introduction to Part Three 131 9 Making Governments 133 10 Making Laws 147 11 Funding Governments 159 12 Scrutinising Government 173 13 Representation 189 Conclusion to Part Three 207 v With Respect: Parliamentarians, officials, and judges too Part Four: Conclusion 14 Conclusion: Their parliament, and ours too 211 Afterword: A Summary 215 References 217 Cases cited 226 Index 227 vi Preface This book originated in a series of research papers and discussions convened by the Institute of Policy Studies in 2007.