scholarly journals Improving the implementation of regulation: time for a systemic approach

2014 ◽  
Vol 10 (4) ◽  
Author(s):  
Keith Manch
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Regulatory Reform ◽  
Systemic Approach ◽  
Regulatory Environment ◽  
Productivity Commission ◽  
Regulatory Institutions ◽  
The Way

The importance of an ‘efficient and effective regulatory environment’ (Offices of the Ministers of Finance and Regulatory Reform, 2013) has never been more prominent in New Zealand than it is at the present time. The New Zealand Productivity Commission’s Regulatory Institutions and Practices report, which is both a product of and contributor to this enhanced prominence, noted that there is growing interest in regulation in New Zealand stemming from the increased importance of individual freedoms and human rights, the growing awareness of the impacts of both good and bad regulation, the way government now organises itself to provide services and implement policy, and the diversity of society and its range of attitudes to risk and expectations about government’s actions (New Zealand Productivity Commission, 2014, overview, p.1).

scholarly journals Regulatory stewardship: voice of the regulator

2017 ◽  
Vol 13 (4) ◽  
Author(s):  
Stephanie Winson
Keyword(s):  
New Zealand ◽  
Regulatory System ◽  
System Productivity ◽  
Productivity Commission ◽  
Regulatory Institutions

In 2014 the New Zealand Productivity Commission inquiry on regulatory institutions and practices concluded that ‘The performance of New Zealand’s regulatory system is in need of improvement – in particular around developing and maintaining the capability needed to effectively implement regulation and the need to oversee and manage the overall system’ (Productivity Commission, 2014, p.2). Since then there has been much talk of regulatory stewardship. This article considers what it is and the importance of the role of the regulator in achieving it.

scholarly journals Discrimination on the grounds of sexual orientation: A comparison between the United Kingdom and New Zealand

2021 ◽  
Author(s):  
◽  
Joshua Charles Raymond Aird
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Sexual Orientation ◽  
New Zealand ◽  
Advantages And Disadvantages ◽  
The United Kingdom ◽  
Substantive Equality ◽  
Similar Fact ◽  
The Way

<p>This paper compares the way in which the United Kingdom and New Zealand approach discrimination claims on the ground of sexual orientation. This paper uses the recent judgment in the case of Bull v Hall as an avenue to explore this issue contrasting it with a similar fact situation in New Zealand, the Pilgrim Planet Lodge discrimination. This paper illustrates that the majority in Bull v Hall were able to take a substantive equality approach to their reasoning. This approach is the most consistent with the principle of nondiscrimination. The paper then focuses on the legislative and process differences in the United Kingdom and New Zealand and the results they produce. Finally by looking and the advantages and disadvantages of both approaches this paper concludes that to build a human rights culture and respect the principle of non-discrimination there needs to be more availability of pubic litigation of discrimination claims.</p>

scholarly journals Discrimination on the grounds of sexual orientation: A comparison between the United Kingdom and New Zealand

2021 ◽  
Author(s):  
◽  
Joshua Charles Raymond Aird
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Sexual Orientation ◽  
New Zealand ◽  
Advantages And Disadvantages ◽  
The United Kingdom ◽  
Substantive Equality ◽  
Similar Fact ◽  
The Way

<p>This paper compares the way in which the United Kingdom and New Zealand approach discrimination claims on the ground of sexual orientation. This paper uses the recent judgment in the case of Bull v Hall as an avenue to explore this issue contrasting it with a similar fact situation in New Zealand, the Pilgrim Planet Lodge discrimination. This paper illustrates that the majority in Bull v Hall were able to take a substantive equality approach to their reasoning. This approach is the most consistent with the principle of nondiscrimination. The paper then focuses on the legislative and process differences in the United Kingdom and New Zealand and the results they produce. Finally by looking and the advantages and disadvantages of both approaches this paper concludes that to build a human rights culture and respect the principle of non-discrimination there needs to be more availability of pubic litigation of discrimination claims.</p>

scholarly journals Tenacious, sad account of NZ complicity on East Timor

2007 ◽  
Vol 13 (1) ◽  
pp. 204-208
Author(s):  
Matt Mollgaard
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
New Zealand ◽  
United Nations ◽  
East Timor ◽  
Detailed Account ◽  
The World ◽  
Founder Member ◽  
Moral Stance ◽  
The Way

This is an essential book for any one interested in the way that New Zealand formulates and carries out its foreign policy. It is also a stark reminder that New Zealand, a founder member of the United Nations, a vocal supporter of decolonisation and a country much-praised for its peacekeeping efforts all over the world has not always been willing to take a moral stance when balancing trade, security and human rights. Maire Leadbeater has produced the most detailed account so far of New Zealand's involvement in the tragedy that engulfed East Timor during and after the 1975 Indonesian invasion of the former Portuguese colony. 

scholarly journals A systems approach to defining environmental regulatory institutions

2015 ◽  
Vol 11 (4) ◽  
Author(s):  
Grant Pink ◽  
Matt Marshall
Keyword(s):  
New Zealand ◽  
Subject Matter ◽  
Systems Approach ◽  
Policy Design ◽  
Regulatory Regime ◽  
Design Phase ◽  
Productivity Commission ◽  
The Subject ◽  
Regulatory Institutions ◽  
Regulatory Practice

It is unlikely that any new regulatory regime will involve the establishment of a completely new regulatory institution. Instead, regulatory responsibility is more often apportioned to an existing institution, or several institutions within a portfolio that most closely match the subject matter of the regulatory regime in question. This article therefore offers guidance less for those involved in the initial policy design phase, and more for those engaged in implementation and operational policy, as well as those with review and reform agendas. In emphasising these policy and policy-like elements, the article takes as its lead the argument made by the New Zealand Productivity Commission and the New Zealand government that the traditional emphasis of review and reform efforts on regulatory design has acted to the detriment of implementation and better regulatory practice.

Deconstructing Turkey’s “Open Door” Policy towards Refugees from Syria

2015 ◽  
Vol 12 (3) ◽  
pp. 209-225 ◽  
Author(s):  
Burcu Togral Koca
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Border Studies ◽  
Open Door ◽  
Open Door Policy ◽  
Security Framework ◽  
Liberal Policy ◽  
The Way

Turkey has followed an “open door” policy towards refugees from Syria since the March 2011 outbreak of the devastating civil war in Syria. This “liberal” policy has been accompanied by a “humanitarian discourse” regarding the admission and accommodation of the refugees. In such a context, it is widely claimed that Turkey has not adopted a securitization strategy in its dealings with the refugees. However, this article argues that the stated “open door” approach and its limitations have gone largely unexamined. The assertion is, here, refugees fleeing Syria have been integrated into a security framework embedding exclusionary, militarized and technologized border practices. Drawing on the critical border studies, the article deconstructs these practices and the way they are violating the principle of non-refoulement in particular and human rights of refugees in general. 

Humanitarian Intervention

2018 ◽  
Author(s):  
Richard Caplan
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Future Development ◽  
Humanitarian Intervention ◽  
Responsibility To Protect ◽  
Real Effect ◽  
General Decline ◽  
Humanitarian Crises ◽  
Un Security Council ◽  
The Way

States – Western ones, at least – have given increased weight to human rights and humanitarian norms as matters of international concern, with the authorization of legally binding enforcement measures to tackle humanitarian crises under Chapter VII of the UN Charter. These concerns were also developed outside the UN Security Council framework, following Tony Blair’s Chicago speech and the contemporaneous NATO action over Kosovo. This gave rise to international commissions and resulted, among other things, in the emergence of the ‘Responsibility to Protect’ (R2P) doctrine. The adoption of this doctrine coincided with a period in which there appeared to be a general decline in mass atrocities. Yet R2P had little real effect – it cannot be shown to have caused the fall in mass atrocities, only to have echoed it. Thus, the promise of R2P and an age of humanitarianism failed to emerge, even if the way was paved for future development.

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