4 Tribal Constitutionalism and Historic Claims: The Impact of Claims Settlement on Tribal Membership Governance in Australia and New Zealand

2010 ◽  
Author(s):  
Gover Kirsty
Keyword(s):  
New Zealand ◽  
Land Claims ◽  
Native Title ◽  
Legal Definition ◽  
Definition Of ◽  
The Impact ◽  
Official Recognition

In Australia and New Zealand, the official recognition of tribes occurs alongside the settlement of land claims. This chapter investigates the scope of tribal autonomy in membership governance in Australia and New Zealand, based on the membership rules contained in institutions established to manage tribal rights to land and territory: New Zealand Treaty Settlement Entities (TSEs) and Australian Registered Native Title Bodies Corporate (PBCs). Claims settlement processes impact on tribal membership governance by requiring a legal definition of the class of beneficiaries, and by prescribing formal membership criteria. Thereafter tribes have the capacity (within certain limitations) to alter their membership criteria to exclude legal beneficiaries from tribal membership. The result is a distinction between the class of people entitled to benefit from a settlement or determination, and persons entitled, as a matter of tribal law and custom, to be recognized as members of the tribe. The categories are imperfectly aligned. This chapter examines the strategies used by tribes and states to overcome the resulting impasses.

scholarly journals "A Collusive Suit to ""Confound the Rights of Property Through the Length and Breadth of the Colony""?: Busby v White (1859) "

2010 ◽  
Vol 41 (3) ◽  
pp. 563
Author(s):  
Ned Fletcher ◽  
Dame Sian Elias
Keyword(s):  
New Zealand ◽  
New South ◽  
Privy Council ◽  
Land Claims ◽  
Native Title ◽  
South Wales ◽  
The Supreme Court ◽  
Treaty Of Waitangi ◽  
The Government ◽  
Set Up

In Busby v White, James Busby sought to challenge the validity of the Land Claims Ordinance 1841 which treated his pre-Treaty of Waitangi land purchases as "null and void". He had campaigned against the New South Wales statute which preceded the Ordinance, and throughout the 1840s continued to argue against the legislation through political channels, while maintaining his claim to hold the lands under his "native title". By the 1850s holding by "native title" was increasingly precarious as the Government moved to acquire Busby's lands for the purposes of settlement. Busby was forced to law. His aim was to set up the validity of the legislation as a question of law which could be taken to the Privy Council for authoritative resolution. Busby v White was the second attempt to establish a platform for appeal. As in his earlier claim, Busby v McKenzie, the Supreme Court avoided a determination on the merits, thus thwarting Busby's strategy of appealing to London. Although no substantive decision was delivered, the extensive argument was fully reported in The Southern Cross newspaper, from which the Lost Cases Project has recovered it. Its interest today is in arguments which question the course set by R v Symonds (1847) on the nature of native property in New Zealand and the subsequent relegation of the Treaty of Waitangi to legal limbo in Wi Parata v Bishop of Wellington (1877).

scholarly journals Atliekų sąvoka: probleminiai aspektai

Teisė ◽  
2009 ◽  
Vol 72 ◽  
pp. 176-197
Author(s):  
M Artynas Vasiliauskas
Keyword(s):  
European Union ◽  
Legal Definition ◽  
Legal Translation ◽  
Per Se ◽  
The Moment ◽  
Definition Of ◽  
The Impact

Straipsnyje analizuojami pagrindiniai probleminiai aspektai, susiję su galiojančiuose teisės aktuose įtvirtinta atliekų sąvoka. Daugiausia dėmesio sutelkta į sąvokos vertimo netikslumus ir į tai, kokią įtaką šie netikslumai turi teisės teoretikams ir praktikams taikant atliekų sąvoką. Autorius analizuoja keturis Europos Sąjungos teisės aktus, kuriuose pateikiama atliekų sąvoka. Šiuose teisės aktuose lietuvių kal­ba atliekų sąvoka yra pateikiama vis kitaip, nors kitomis kalbomis minėta sąvoka iš esmės nekinta. Be to, straipsnyje ieškoma geriausio termino pagrindiniam atliekų sąvokos elementui, t. y. momentui, nuo kurio daiktai ar medžiagos tampa atliekomis, apibūdinti, nes visuose analizuojamuose dokumentuose pateikiami skirtingi šį elementą apibūdinantys terminai. Taip pat aptariama kol kas negausi Lietuvos teismų praktika, aiškinant atliekų sąvoką ir atskleidžiami sunkumai, su kuriais teismai gali susidurti, tai­kydami netikslią atliekų sąvoką. Straipsnyje siūloma atliekų sąvoka, atitinkanti analizuotuose Europos Sąjungos dokumentuose kitomis kalbomis pateiktą sąvoką. The article discusses some problematic aspects of the legal definition of waste. The article is focused on the irregularities of the legal translation of this definition into Lithuanian and on the impact of these irregularities to legal scientists and lawyers. Four European Union legal acts, which define waste, are analysed. In each of these legal acts (Lithuanian translation) the definition of waste is different, despite the fact that the definition of waste per se practically does not change. Furthermore, the search for the best term defining the principle element of the definition of waste, i.e. for the moment when a material or an object become waste, is conducted. This search is determined by the fact that in each of the analysed legal acts in Lithuanian this moment is defined differently, however, this term does not change in the legal acts in other languages. The article also discusses Lithuanian courts’ cases (they are still not great in number) which explain the legal definition of waste and enumerates the difficulties that the courts may encounter in applying the legal definition of waste. The definition of waste which corresponds to the sense of the analysed legal acts is proposed.

Admission time to hospital: a varying standard for a critical definition for admissions to an intensive care unit from the emergency department

2014 ◽  
Vol 38 (5) ◽  
pp. 575
Author(s):  
Shane Nanayakkara ◽  
Heike Weiss ◽  
Michael Bailey ◽  
Allison van Lint ◽  
Peter Cameron ◽  
...  
Keyword(s):  
Intensive Care Unit ◽  
Intensive Care ◽  
New Zealand ◽  
Length Of Stay ◽  
Performance Indicators ◽  
Decision Method ◽  
Admission Time ◽  
Definition Of ◽  
Time Of Admission ◽  
The Impact

Objective Time spent in the emergency department (ED) before admission to hospital is often considered an important key performance indicator (KPI). Throughout Australia and New Zealand, there is no standard definition of ‘time of admission’ for patients admitted through the ED. By using data submitted to the Australian and New Zealand Intensive Care Society Adult Patient Database, the aim was to determine the differing methods used to define hospital admission time and assess how these impact on the calculation of time spent in the ED before admission to an intensive care unit (ICU). Methods Between March and December of 2010, 61 hospitals were contacted directly. Decision methods for determining time of admission to the ED were matched to 67787 patient records. Univariate and multivariate analyses were conducted to assess the relationship between decision method and the reported time spent in the ED. Results Four mechanisms of recording time of admission were identified, with time of triage being the most common (28/61 hospitals). Reported median time spent in the ED varied from 2.5 (IQR 0.83–5.35) to 5.1 h (2.82–8.68), depending on the decision method. After adjusting for illness severity, hospital type and location, decision method remained a significant factor in determining measurement of ED length of stay. Conclusions Different methods are used in Australia and New Zealand to define admission time to hospital. Professional bodies, hospitals and jurisdictions should ensure standardisation of definitions for appropriate interpretation of KPIs as well as for the interpretation of studies assessing the impact of admission time to ICU from the ED. What is known about the topic? There are standards for the maximum time spent in the ED internationally, but these standards vary greatly across Australia. The definition of such a standard is critically important not only to patient care, but also in the assessment of hospital outcomes. Key performance indicators rely on quality data to improve decision-making. What does this paper add? This paper quantifies the variability of times measured and analyses why the variability exists. It also discusses the impact of this variability on assessment of outcomes and provides suggestions to improve standardisation. What are the implications for practitioners? This paper provides a clearer view on standards regarding length of stay in the ICU, highlighting the importance of key performance indicators, as well as the quality of data that underlies them. This will lead to significant changes in the way we standardise and interpret data regarding length of stay.

scholarly journals The Scope of Academic Freedom Right and the Situation of Scientists in Poland

Interchange ◽  
2021 ◽  
Author(s):  
Monika Stachowiak-Kudła
Keyword(s):  
Higher Education ◽  
Academic Freedom ◽  
Management Model ◽  
Legal Tradition ◽  
Legal Definition ◽  
The Law ◽  
Definition Of ◽  
The Impact

AbstractThe implementation of academic freedom can be difficult both for policymakers and university authorities. A good example of these difficulties is the case of Poland. These difficulties stem from three factors: a weak legal tradition of academic freedom, a lack of legal definition of this freedom and the transition of Polish universities from the collegial to the managerial management model. This article analyzes the impact of these three factors on the situation of Polish scientists. It is very plausible that the introduction of a legal definition of academic freedom to the Law on Higher Education and Science could mitigate the tendency to limit academic freedom in Poland. Such a definition would make it difficult for governments, faculty and university authorities to interfere with this right and make it easier for researchers to assert their rights in court.

CRIMINAL-LEGAL DEFINITION OF HOME VIOLENCE CONCEPT ACCORDING TO UKRAINIAN LEGISLATION

2019 ◽  
Vol 3 ◽  
pp. 192-195
Author(s):  
S.V. Yakymova ◽  
◽  
N.I. Lesiak ◽  
Keyword(s):  
Legal Definition ◽  
Definition Of

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

Empowering Women Entrepreneurs Through Microfinance - A Case of Rural Bangladesh

2017 ◽  
Vol 3 (2) ◽  
pp. 7
Author(s):  
Saida Parvin
Keyword(s):  
Women's Empowerment ◽  
Assessment Tools ◽  
Women’S Empowerment ◽  
Case Study Method ◽  
Policy Makers ◽  
Theoretical Contribution ◽  
Donor Agencies ◽  
Definition Of ◽  
The Impact

Women’s empowerment has been at the centre of research focus for many decades. Extant literature examined the process, outcome and various challenges. Some claimed substantial success, while others contradicted with evidence of failure. But the success remains a matter of debate due to lack of empirical evidence of actual empowerment of women around the world. The current study aimed to address this gap by taking a case study method. The study critically evaluates 20 cases carefully sampled to include representatives from the entire country of Bangladesh. The study demonstrates popular beliefs about microfinance often misguide even the borrowers and they start living in a fabricated feeling of empowerment, facing real challenges to achieve true empowerment in their lives. The impact of this finding is twofold; firstly there is a theoretical contribution, where the definition of women’s empowerment is proposed to be revisited considering findings from these cases. And lastly, the policy makers at governmental and non-governmental organisations, and multinational donor agencies need to revise their assessment tools for funding.

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