scholarly journals Who Owns Native Nature? Discourses of Rights to Land, Culture, and Knowledge in New Zealand

2009 ◽  
Vol 16 (3) ◽  
pp. 325-339 ◽  
Author(s):  
Michael Goldsmith
Keyword(s):  
New Zealand ◽  
European Origin ◽  
Cultural Assumptions ◽  
Native Culture ◽  
Native Nature ◽  
The Government ◽  
The Right ◽  
New Zealanders

AbstractMichael Brown famously asked ‘Who owns native culture?’ This paper revisits that question by analyzing what happens to culture when the culturally defined boundary between it and nature becomes salient in the context of disputes between indigenous and settler populations. My case study is the dispute between the New Zealand government and Maori tribal groupings concerning ownership of the foreshore and seabed. Having been granted the right to test their claims in court in 2003, Maori groups were enraged when the government legislated the right out of existence in 2004. Though the reasons for doing so were clearly political, contrasting cultural assumptions appeared to set Maori and Pakeha (New Zealanders of European origin) at odds. While couching ownership of part of nature as an IPR issue may seem counter-intuitive, I argue that as soon as a property claim destabilizes the nature/culture boundary, IPR discourse becomes pertinent.

Medical Device Regulation and the Proposed Therapeutic Products Bill: Devising a New Regime

2021 ◽  
Vol 52 (2) ◽  
pp. 319-342
Author(s):  
Laura Hardcastle
Keyword(s):  
Patient Safety ◽  
New Zealand ◽  
Medical Devices ◽  
Cosmetic Products ◽  
Regulatory Oversight ◽  
Speed To Market ◽  
The Government ◽  
The Right ◽  
Promote Patient Safety ◽  
Medical Device Regulation

Despite medical devices being integral to modern healthcare, New Zealand's regulation of them is decidedly limited, with repeated attempts at reform having been unsuccessful. With the Government now indicating that new therapeutic products legislation may be introduced before the end of the year, the article considers the case for change, including to promote patient safety, before analysing the draft Therapeutic Products Bill previously proposed by the Ministry of Health, and on which any new legislation is expected to be based. It concludes that, while the proposed Bill is a step in the right direction, introducing regulatory oversight where there is currently next to none, there is still significant work to be done. In particular, it identifies a need to clarify whether the regime is indeed to be principles-based and identifies further principles which might be considered for inclusion. It further proposes regulation of cosmetic products which operate similarly to medical devices to promote safety objectives, while finding a need for further analysis around the extent to which New Zealand approval processes should rely on overseas regulators. Finally, it argues that, in an area with such major repercussions for people's health, difficult decisions around how to develop a framework which balances safety with speed to market should not be left almost entirely to an as yet unknown regulator but, rather, more guidance from Parliament is needed.

scholarly journals Free and Frank Advice and the Official Information Act

2018 ◽  
Vol 14 (2) ◽  
Author(s):  
Andrew Kibblewhite ◽  
Peter Boshier
Keyword(s):  
Decision Making ◽  
New Zealand ◽  
Government Agency ◽  
Government Officials ◽  
The Public ◽  
Good Government ◽  
Work Programme ◽  
The Government ◽  
The Right ◽  
Official Information

Concern exists that New Zealand hasn’t struck the right balance between two potentially competing principles of good government: officials should provide free and frank advice to ministers, and the public should have opportunities to participate in decision making and hold the government to account. Steps we have taken to address this include: strengthening constitutional underpinnings for free and frank advice (Cabinet Manual changes and issuing expectations for officials); a work programme to improve government agency practice in relation to the Official Information Act; and the Office of the Ombudsman reducing uncertainty about when advice can be withheld by issuing new principles-based guidance and providing more advisory services.

Social Cohesion and Free Home Internet in New Zealand

2013 ◽  
pp. 135-159
Author(s):  
Jocelyn Williams
Keyword(s):  
New Zealand ◽  
Social Cohesion ◽  
Case Study Research ◽  
Study Research ◽  
Low Income Families ◽  
The Government ◽  
Use Of The Internet ◽  
Outcomes For Children ◽  
It Training

This chapter discusses community outcomes of free home Internet access. It draws on case study research on Computers in Homes (CIH), a scheme established in New Zealand in 2000 for the purpose of bridging the digital divide, particularly for low-income families who have school-aged children. The government-funded CIH scheme aims to strengthen relationships between families and schools, improve educational outcomes for children, and provide greater opportunities for their parents. CIH achieves this by working with many primary (elementary) schools, each of which selects 25 families who will benefit from the program. Each family receives a refurbished computer, software, and six months free Internet, as well as twenty hours of free IT training and technical support so that all adults are equipped to make effective use of the Internet. The scheme has evolved to deliver much more than technology. It has become a contributor to social capital in the communities where it has been established. This chapter uses a case study research approach to demonstrate and theorize this process of community building using a construct of social cohesion, which appears to be strengthened by the CIH intervention. Where stronger social networks, volunteerism, and civic engagement were documented in the research, leader figures also mobilized to act on shared goals. These findings highlight the value of existing social resources within communities for achieving community goals while also maximizing community Internet longevity.

scholarly journals Pandemic leadership: Lessons from New Zealand’s approach to COVID-19

Leadership ◽  
2020 ◽  
Vol 16 (3) ◽  
pp. 279-293 ◽  
Author(s):  
Suze Wilson
Keyword(s):  
New Zealand ◽  
Collective Action ◽  
Leadership Practices ◽  
Prime Minister ◽  
Complete Control ◽  
Good Practices ◽  
The World ◽  
The Government ◽  
Leadership Lessons

This case study analyses the leadership approach and practices of the New Zealand government, led by Prime Minister Jacinda Ardern, in the response thus far to the COVID-19 pandemic. It reports on how a shared sense of purpose has been established, that of minimizing harm to lives and livelihoods, for which the government has sought – and secured – New Zealanders’ commitment. Key leadership practices comprise the government’s willingness to themselves be led by expertise, its efforts to mobilise the population, and to enable coping, all of which serve to build the trust in leadership needed for transformative, collective action such as the pandemic demands. At the time of writing, New Zealand appears well on track to achieve its ambitious goal of achieving rapid and complete control over the COVID-19 outbreak – not just ‘flattening the curve’ as other countries are struggling to do – at least in part due to these leadership contributions. A framework of good practices for pandemic leadership is offered drawn from this case study, in the hope transferable lessons can be taken to aid others in the continuing struggle to limit the harm COVID-19 poses to lives and livelihoods throughout the world.

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>

scholarly journals REDUCING UNEMPLOYMENT IN NIGERIA – THE ROLE OF TERTIARY INSTITUTIONS IN THE ENTREPRENEURIAL DEVELOPMENT OF ENGINEERING GRADUATES

2021 ◽  
Vol 36 (2) ◽  
pp. 55-60
Author(s):  
E.O Aluyor ◽  
S.K Otoikhian
Keyword(s):  
State University ◽  
Tertiary Institution ◽  
Tertiary Institutions ◽  
Strategic Entrepreneurship ◽  
Entrepreneurial Development ◽  
Edo State ◽  
The Government ◽  
The Right

In Nigeria, the number of unemployed persons in recent times increased to 23,187,000 in the fourth quarter of 2020 from 21,765,000 in the second quarter of 2020, hence this paper is an exposition on the role of tertiary institutions in the entrepreneurial development of engineering graduates most of whom are unemployed. A brief discuss on the need for engineering-based entrepreneurship is presented. The key challenges hindering engineering entrepreneurship in Nigeria are highlighted. Some of the roles and strategies which the tertiary institutions in Nigeria can deploy to foster entrepreneurship amongst engineering graduates are presented and include; highly functional and strategic entrepreneurship development centers with think tanks, funding support for the most promising business ideas of students, business and entrepreneurship-motivated research, engaging with government and policymakers to make entrepreneurship fostering policies and minimize bottlenecks to business amongst others. Edo State University Uzairue is presented as a case study of a tertiary institution in Nigeria that has taken some steps in the right direction as regards entrepreneurial development. It is concluded that all stakeholders such as the government, industry, NGOs, and the students/graduates must partner with the tertiary institutions to achieve commendable results on the uphill task under consideration. Keywords: Entrepreneurship, tertiary institutions, engineering, unemployment, development, Nigeria.

scholarly journals Accountability for refugee resettlement in New Zealand

2021 ◽  
Author(s):  
◽  
Thuy Tran
Keyword(s):  
New Zealand ◽  
Social Services ◽  
Public Services ◽  
Service Providers ◽  
Refugee Resettlement ◽  
Public Governance ◽  
Accountability System ◽  
New Public ◽  
The Government

<p><b>Public governance in many countries has been moving toward a model called New Public Governance (NPG) to deal with the increasing complexity in the provision of public services. NPG adopts a new perspective that emphasises the importance of managing the interaction between and among organisations within and outside the government to achieve efficiency and effectiveness of public policy and service delivery. The interdependent relationships of these cross-working organisations are reflected in their accountability processes. Thus, a robust accountability system is central to managing public governance. However, accountability is complicated, and its definition is regularly debated. Accountability is even more intricate in network relationships where it is challenging to identify who has contributed in what way. However, research on accountability in networks is limited.</b></p> <p>To contribute to the understanding of the problems of accountability in public governance, this study examines the nature of accountability and evaluates the discharge of accountability in the provision of public services in practice, using a case study of refugee resettlement in New Zealand. The following research question is addressed, “What is the nature of the accountability relationships between different parties involved in, or affected by, the provision of social services to former refugees in New Zealand?”. In answering this question, the study developed a research framework that was built on insights from prior literature and stakeholder theories and employed a case study approach that analysed 32 semi-structured interviews and a range of documents related to refugee resettlement in New Zealand.</p> <p>The study finds that the current accountability system has not reflected the broader conception of multiple and interrelated accountability relationships identified in the literature on NPG. Upward accountability to powerful stakeholders is mostly prioritised, downward accountability to beneficiaries has not significantly improved, and horizontal accountability to cross-working partners is limited. The tensions between a bureaucratic need for control and a more devolved governance model that allows for the recognition of multiple contributions to both policy formation and implementation are still strong. Moving from the New Public Management (NPM) perspective involving control over public money, still codified in the Public Finance Act 1989, to something closer to NPG is evidently not easy.</p> <p>iiThe key academic contribution of this study is in adding an important piece to the nearly “empty land” of horizontal accountability research, providing an understanding of how accountability mechanisms are used in practice, and raising the voices of less powerful stakeholders about the discharge of accountability by social service providers. Regarding its practical contributions, the study provides a typical case study for research on accountability of non-government organisations (NGOs) in an NPG context, which can be valuable for policymakers wishing to develop policies that lead to an improvement in the appropriate expectations in NPG and accountability relationships between different parties in the delivery of social services. It also provides recommendations for the government, NGOs, and refugee communities for achieving greater accountability.</p>

scholarly journals The Emergency of Satellite Schools and Access to Education in Zimbabwe: Leveraging the Human Rights Agenda

2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Pfuurai Chimbunde
Keyword(s):  
Land Reform ◽  
Economic Status ◽  
Access To Education ◽  
Right To Education ◽  
Education Act ◽  
The Government ◽  
Satellite Schools ◽  
The Right ◽  
New Farmers

While the Land Reform Programme (LRP) in 2000 and beyond was camouflaged as a distributive justice schema aimed to better the socio-economic status of the Indigenous people in Zimbabwe, it precipitated educational injustices for students arising from the creation of an education landscape marked by inequitable access to education. The study, undertaken after 20 years since the inception of the LRP, sought to check the progress made thus far by the Government of Zimbabwe to enhance access to education by children of the new farmers. Informed and guided by the international normative frameworks of the right to education, of which Education For All (EFA) and the Zimbabwean Education Act (1987) are part, the case study cast in the qualitative approach, presents constructed narratives of three primary school learners and their three teachers at one purposively selected satellite school. The study finds that as much as the advent of the LRP worked to bring equal access and redress in land appropriation between the settlers and natives, a new form of injustice has resurfaced as reflected by challenges of equitable access to education.

scholarly journals Nutrition policy in whose interests? A New Zealand case study

2011 ◽  
Vol 15 (8) ◽  
pp. 1483-1488 ◽  
Author(s):  
Gabrielle Jenkin ◽  
Louise Signal ◽  
George Thomson
Keyword(s):  
Public Health ◽  
New Zealand ◽  
Food Industry ◽  
Nutrition Policy ◽  
Advertising Industry ◽  
Obesity Epidemic ◽  
Nutrition Policies ◽  
The Government ◽  
Industry Policy

AbstractObjectiveIn the context of the global obesity epidemic, national nutrition policies have come under scrutiny. The present paper examines whose interests – industry or public health – are served by these policies and why.DesignUsing an exemplary case study of submissions to an inquiry into obesity, the research compared the positions of industry and public health groups with that taken by government. We assessed whether the interests were given equal consideration (a pluralist model of influence) or whether the interests of one group were favoured over the other (a neo-pluralist model).Setting2006 New Zealand Inquiry into Obesity.SubjectsFood and advertising industry and public health submitters.ResultsThe Government's position was largely aligned with industry interests in three of four policy domains: the national obesity strategy; food industry policy; and advertising and marketing policies. The exception to this was nutrition policy in schools, where the Government's position was aligned with public health interests. These findings support the neo-pluralist model of interest group influence.ConclusionsThe dominance of the food industry in national nutrition policy needs to be addressed. It is in the interests of the public, industry and the state that government regulates the food and advertising industries and limits the involvement of industry in policy making. Failure to do so will be costly for individuals, in terms of poor health and earlier death, costly to governments in terms of the associated health costs, and costly to both the government and industry due to losses in human productivity.

Right to Service Acts in India— Fundamental Governance Reforms or an Exercise in Political Rhetoric?: A Case Study of Delhi Administration

2017 ◽  
Vol 63 (4) ◽  
pp. 537-556 ◽  
Author(s):  
Manish Garg
Keyword(s):  
Rural Areas ◽  
Indian States ◽  
The Public ◽  
The Government ◽  
The Veil ◽  
Right To Information ◽  
The Uk ◽  
The Right ◽  
Governance Reforms

Right-based approach to governance became popular in India in the first decade of present century with the passage of legislations conferring Right to Information, Right to Work in rural areas, and Right to Primary Education upon its citizens. This article examines the next step in that direction—passage of Right to Service (RTS) Acts by a number of Indian States thereby providing its citizens the right to time-bound delivery of notified public services. These Acts not only empower citizens to make claims against the government if the rights are violated but also serve as a tool for the politicians and the senior bureaucrats to control lower bureaucracy. This article traces the genealogy of RTS Acts in Citizen’s Charter movement of the1990s in the UK and evaluates their progress and results with the help of various theories and concepts used for improving the public service delivery. How inept implementation has thwarted the promise of accountability inherent in these Acts will be seen in detail while piercing the veil of statistical data.

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