scholarly journals Peculiarities of Small Claim Review in New Zealand

2021 ◽  
Vol 2 ◽  
pp. 55-60
Author(s):  
Dmitriy V. Yakovlev ◽  
Keyword(s):  
New Zealand ◽  
Small Claim ◽  
Distinctive Features ◽  
Small Claims

The article analyzes the distinctive features of the small claims’ consideration procedure in New Zealand. The features of the tribunals for the resolution of such cases functioning and the procedural order of their consideration are investigated. Based on the study, the author concludes that there is an extrajudicial procedure for resolving simple disputes in New Zealand, resulting from the society’s need for quick and effective resolution of conflicts without using traditional court procedures.

The Economics of wages and wages policy in the depression and recovery period: distinctive elements in the New Zealand debate, 1931- 1936

1970 ◽  
Vol 15 (1) ◽  
Author(s):  
A. M. Endres
Keyword(s):  
New Zealand ◽  
Real Wage ◽  
Labour Productivity ◽  
Recovery Period ◽  
Prima Facie ◽  
Currency Devaluation ◽  
Money Wage ◽  
Distinctive Features ◽  
Compulsory Arbitration ◽  
Wage Cuts

This article discusses distinctive features of the New Zealand debate on the economics of wages and wages policy from 1931 up to the restoration of compulsory arbitration in 1936. Local economic orthodoxy proffered advice which, consistent with Keynes (1936), turned on the need for a general real wage reduction effected mostly through currency devaluation, rather than through further money wage cuts. Dissenters were critical of currency devaluation; they stressed excessively generous unemployment relief, real wage 'overhang' and structural real wage distorttons. Tentative estimates of both aggregate real product wage and labour productivity changes demonstrate, prima facie, that at least one strand in the dissenting argument was defensible.

scholarly journals Ukrainian-English Translation of Legal Terms: Case Study of Insignificant Cases and Small Claims

2021 ◽  
Vol 4 (1) ◽  
pp. 232-242
Keyword(s):  
English Translation ◽  
Concept Analysis ◽  
Civil Procedure ◽  
Small Claim ◽  
Legal Translation ◽  
Small Claims ◽  
Simplified Procedures ◽  
Surface Similarity ◽  
The Eu

The article is devoted to the problem of translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation – ‘maloznachna sprava’. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light of the Ukraine-EU approximation agreement. The author emphasises the necessity to perform concept analysis between the terms in the EU and Ukraine simplified procedures and comes to the conclusion that despite having surface similarity to the EU term ‘small claim’, the Ukrainian term ‘maloznachna sprava’ is, in fact, a much wider concept. A range of translations of legal neologisms are described in the article, and the need to use a literal translation of the term is substantiated. As a result of the analysis of possible translation options and the ECtHR translation precedent, it is recommended that the term ‘maloznachna sprava’ should be translated as ‘insignificant case’ within the sphere of Ukrainian civil procedure. Keywords: legal translation, Ukrainian-English translation, small claim, insignificant case.

Introduction

2020 ◽  
pp. 1-34
Author(s):  
Rex Ahdar
Keyword(s):  
Industrial Organization ◽  
New Zealand ◽  
Competition Law ◽  
Small Fish ◽  
Distinctive Features ◽  
Law And Policy ◽  
Close Relationship ◽  
The Law

This chapter examines four distinctive features that mark competition law in New Zealand (NZ). Some of these (the first and fourth) are unique to NZ while others (the second and third) are common to all antitrust regimes. The first characteristic is the close relationship with Australian competition law and policy. Being modelled upon Australian legislation, NZ law tracks Australian developments, although the pattern is not one of slavish adherence. A second motif is the ongoing tension between competition law as law and competition law as applied to industrial organization economics. NZ courts have consistently held that economics plays an important but supplemental and subsidiary role. The concepts of “competition” and “market” are discussed. Third, there is ambivalence over the ambit of competition law. This chapter examines both exemptions from the Commerce Act 1986 and the extension of competition law to give it a limited extraterritorial effect. Fourth, another recurring theme is the prevalence of the small, isolated economy argument (NZ is a small fish in the global pond) in the development of policy, doctrine, and the interpretation of the law.

scholarly journals Community Enterprises: Enduring Institutions for a Newer World

2021 ◽  
Author(s):  
◽  
Bernard Teahan
Keyword(s):  
New Zealand ◽  
Human Nature ◽  
Case Studies ◽  
Driving Forces ◽  
Sense Of Self ◽  
Well Being ◽  
Social Goals ◽  
Distinctive Features ◽  
Global World ◽  
Community Enterprises

<p>Community enterprises have long endured. Why they have endured and why there are undergoing a renaissance is explained by the very nature of their constituent parts: a sense of self, a love of and the need for community, the pursuit of solidarity, and enterprise attributes. These are the driving forces behind community enterprises, which have melded together to deliver significant benefits to many New Zealand communities over many years. Although community enterprises are not for every enterprise circumstance and every community, they reflect underlying truths of human nature, and when successfully employed, will endear themselves to their communities. When unsuccessful, they may generate strong emotions of rejection. This thesis explores these themes and their relevance to contemporary New Zealand society. It pursues the question of why some communities have a strong affinity for the concept of community enterprises and others do not; and argues for their importance as a complementary structure in a global world rightly and properly dominated by private enterprise. Distinctive features of community enterprises, including ownership, the pursuit of mixed economic and social goals, and the influence of politics, are also examined. Finally, the thesis tells the dynamic story of community enterprises in contemporary New Zealand through eight vignettes and four case studies. This thesis supports a contention that community enterprises are enduring and endearing institutions that can significantly benefit the well-being of a community.</p>

Some thoughts on the development and structure of the New Zealand life insurance industry

1994 ◽  
Vol 121 (3) ◽  
pp. 573-588 ◽  
Author(s):  
M. B. Adams
Keyword(s):  
New Zealand ◽  
Life Insurance ◽  
Insurance Industry ◽  
Insurance Market ◽  
Distinctive Features ◽  
Life Insurance Industry ◽  
Key Characteristics ◽  
Historical Role ◽  
The Government

AbstractThis paper seeks to explain key characteristics of the New Zealand life insurance industry, in particular the important role played by overseas-controlled mutual companies, and the dearth of regulation relative to other countries. It proposes that the dominance of mutual companies reflects the historical development of the New Zealand life insurance market. It also examines how agency theory may help to explain how the market has come to be dominated by mutual companies, and suggests that the unregulated nature of the life insurance industry may reflect the New Zealand government's historical role of direct intervention in the market through the Government Life Office. Further light on this issue is shed by the economic theory of regulation. This theory suggests that cartelisation and reinsurance may help to explain the existence of the unregulated insurance market in New Zealand. The paper concludes that many socio-economic and historical reasons may account for the distinctive features of the New Zealand life insurance industry. The possibilities are presented in this paper as a stimulus for further insurance markets-based research.

scholarly journals IMPLEMENTASI GUGATAN SEDERHANA DALAM LITIGASI DI PASAR MODAL SEBAGAI UPAYA PERLINDUNGAN KONSUMEN (INVESTOR) PASAR MODAL INDONESIA

2018 ◽  
Vol 4 (1) ◽  
pp. 123
Author(s):  
Ema Rahmawat
Keyword(s):  
Supreme Court ◽  
Capital Market ◽  
Financial Services ◽  
Dispute Settlement ◽  
Court System ◽  
Small Claim ◽  
Advantages And Disadvantages ◽  
Small Claims ◽  
Market Transaction ◽  
Civil Justice System

Capital market sector is one of the financial services which quite dynamic in progress. Capital market transactions have varied characteristics and complexity. In its practices, many factors may motivate legal dispute in capital market in which mostly not settled in litigation way. The investors avoid settle their dispute through litigation mostly because of its formalistic procedure, time consume, and uncertainty of the result because of distrust against court system. The Indonesian Supreme Court has enacted Supreme Court Regulation No. 5 of 2015 concerning Small Claims Procedure as an effort to reform civil justice system which is simplify and expedite. The small claim procedure may offer dispute settlement which simple and quick, however it is limited with the claim value up to Rp200 millions, while mostly capital market transaction has greater value than Rp200 millions. This article will discuss the implementation of the small claims procedure in investor dispute settlement in the capital market. Moreover, this article also elaborates the advantages and disadvantages of small claims procedure in settling investor dispute as a protection to the consumer in capital market.

scholarly journals The Legal Policy of Judicial Power: The Idea of Implementation of Small Claim Courts in Religious Courts

2021 ◽  
Vol 13 (1) ◽  
Author(s):  
Imam Sukadi ◽  
Erfaniah Zuhriah
Keyword(s):  
Intrinsic Value ◽  
Low Cost ◽  
Judicial Power ◽  
Conceptual Approach ◽  
Small Claim ◽  
Legal Policy ◽  
Study Results ◽  
Small Claims ◽  
Small Claims Court ◽  
Religious Courts

Abstract: Religious Court is a judicial environment under the Supreme Court as a perpetrator of judicial power independent of organizing religious court to enforce the law and justice. The implementation of a small claim court in religious courts following simple, quick, and low-cost principles. The Small Claims Court is a simple judicial mechanism outside of the regular judicial mechanisms to resolve disputes quickly and cost lightly. The purpose of this study was to determine the meaning of the principle of fast, simple, and low cost and the legal politics of applying a simple lawsuit in a religious court. This type of research is normative legal research with a statutory approach and a conceptual approach. The technique of analyzing legal materials uses prescriptive. The study results found that the principle of simple, fast, and low cost in religious courts must meet the expectations of justice seekers who always want a speedy, fair, and low-cost trial. Applying the principle of a simple, fast, and low-cost justice has an intrinsic value of justice, inseparable from the service function. The legal politics of implementing a small claims court in a religious court is a breakthrough step, the proceedings are also fast and inexpensive, decided by a single judge, and the trial mechanism is simple So that implementation of Small Claims Court will be able to help the dispute burden in religious courts.Keywords: legal policy; small claim court, religious court.Abstrak: Peradilan Agama adalah lingkungan peradilan di bawah Mahkamah Agung sebagai pelaku kekuasaan kehakiman yang mandiri menyelenggarakan peradilan agama untuk menegakkan hukum dan keadilan. Penyelenggaraan sidang gugatan kecil di pengadilan agama menganut asas sederhana, cepat, dan murah. Small Claims Court adalah mekanisme peradilan sederhana di luar mekanisme peradilan biasa untuk menyelesaikan sengketa dengan cepat dan biaya ringan. Tujuan penelitian ini adalah untuk mengetahui pengertian asas cepat, sederhana, dan biaya rendah serta politik hukum penerapan gugatan sederhana di pengadilan agama. Jenis penelitian ini adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Teknik analisis bahan hukum menggunakan metode preskriptif. Hasil penelitian menemukan bahwa asas sederhana, cepat, dan biaya rendah dalam peradilan agama harus memenuhi harapan para pencari keadilan yang selalu menginginkan peradilan yang cepat, adil, dan berbiaya rendah. Penerapan asas peradilan sederhana, cepat, dan berbiaya rendah memiliki nilai keadilan yang hakiki, tidak terlepas dari fungsi pelayanan. Politik hukum pelaksanaan peradilan gugatan kecil di pengadilan agama merupakan langkah terobosan, proses beracara juga cepat dan murah, diputuskan oleh hakim tunggal, dan mekanisme persidangan sederhana Sehingga pelaksanaan peradilan gugatan kecil akan dapat membantu beban sengketa di pengadilan agama.Kata Kunci: kebijakan hukum; small claim courts; pengadilan agama.

scholarly journals TRANSLATION OF LEGAL NEOLOGISMS ON THE EXAMPLE OF THE TERM "INSIGNIFICANT CASE"

2021 ◽  
pp. 10-14
Author(s):  
Yu. Baklazhenko
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
Small Claim ◽  
Legal Translation ◽  
Civil Proceedings ◽  
Small Claims ◽  
Simplified Procedures ◽  
Simplified Procedure ◽  
Surface Similarity ◽  
The Eu

The article deals with the issue on translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation – 'maloznachna sprava'. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light of the Ukraine-EU approximation agreement. While the introduction of simplified civil proceedings is itself a step towards the approximation of Ukrainian legislation to the EU, the next stage will inevitably be comparing and contrasting the existing terms within the Ukrainian and EU civil procedures. Ukrainian simplified procedure aims at considering insignificant cases (Ukr. – 'maloznachni spravy') in a speedy manner, while EU accelerated and simplified civil procedure uses the term 'small claims' for cases with a claim value for up to EUR 5,000. Obviously, these notions are not equivalent, but their meaning overlaps, creating pitfalls for translation. Thus, for proper translation, it is important to specify how the concept of small claims fits into Ukraine's national context. The notion of insignificant cases illustrates the relevance of the linguistic study of legal translations, as well as a need for the consolidation of practical achievements in the field of translation of legal discourse and, in particular, legal neologisms. The purpose of legal translation is to create a text that will be interpreted in the same way by legal professionals in the target legal system as it would be in the original legal system. The aim of translation is not to erase linguistic and cultural differences but to accommodate them, fully and unapologetically. The challenge is to convey the legal text as a fragment of a living legal system. When translating, a translator should strive for equivalence, bearing in mind the harmonisation and approximation of terminologies. The linguistic approximation of national Ukrainian legal terms to the EU terminology should be carefully considered to avoid their misinterpretation with the supranatural terms. The author emphasises the necessity to perform concept analysis between the terms in the EU and Ukraine simplified procedures and comes to the conclusion that despite having surface similarity to the EU term 'small claim', the Ukrainian term 'maloznachna sprava' is, in fact, a much wider concept. A range of translations of legal neologisms are described in the article, and the need to use a literal translation of the term is substantiated. As a result of the analysis of possible translation options and the ECtHR translation precedent, it is recommended that the term 'maloznachna sprava' should be translated as 'insignificant case' within the sphere of Ukrainian civil procedure. Keywords: legal translation, Ukrainian-English translation, small claim, insignificant case.

Indigenous Worldviews and Pedagogies in Indigenous-Based Programs

2019 ◽  
pp. 1-10
Author(s):  
Taima Moeke-Pickering
Keyword(s):  
Social Work ◽  
New Zealand ◽  
Degree Program ◽  
Case Study Method ◽  
Indigenous Methodology ◽  
Distinctive Features ◽  
Indigenous Worldviews ◽  
Aotearoa New Zealand ◽  
The Social

This chapter presents on the findings of a case study that was conducted with the Indigenous Social Work degree program, based in Sudbury, Ontario and the Maori Counselling degree program, based in Hamilton, Aotearoa (New Zealand). This research set out to examine the social and political approaches that Indigenous peoples undertook to situate Indigenous designed programs within Western academic institutes and to find out what were the distinctive features of these programs in relation to their content and pedagogy. A case study method combined with an Indigenous methodology approach was used to guide this research. This involved gathering key pieces of information as well as interviewing participants (graduates/faculty/developers). Key themes that emerged were that Indigenous worldviews and pedagogies were critical aspects of Indigenous social work/counselling programs.

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