scholarly journals Hohepa Wi Neera: Native Title and the Privy Council Challenge

2004 ◽  
Vol 35 (1) ◽  
pp. 73
Author(s):  
John William Tate
Keyword(s):  
New Zealand ◽  
The Other ◽  
Privy Council ◽  
Native Title ◽  
Other Hand ◽  
Solicitor General ◽  
The One ◽  
Court Of Appeal

The case of Hohepa Wi Neera illustrates an unprecedented clash of judicial approaches to native title claims. On the one hand, the New Zealand Court of Appeal was determined to continue the line of reasoning most notably enshrined in Wi Parata v Bishop of Wellington. On the other hand, the Privy Council, in Nireaha Tamaki v Baker had partially overturned Wi Parata by insisting that native title fell within the jurisdiction of the courts, at least when prerogative powers were not involved. The author argues that in Hohepa Wi Neera, the Court of Appeal quite deliberately tried to avoid the implications of the Privy Council's decision. In doing so, it exhibited a marked "colonial consciousness" which it was prepared to defend even to the extent of open breach with the Privy Council. The 1912 case of Tamihana Korokai v Solicitor-General, however, showed the extent to which the Court of Appeal was capable of shedding that "colonial consciousness" and embracing the earlier Privy Council ruling. The author demonstrates that this apparent irony sheds light on our understanding of the earlier cases.

Reservation of title in England and New Zealand

Legal Studies ◽  
1992 ◽  
Vol 12 (2) ◽  
pp. 195-209 ◽  
Author(s):  
Gerard McCormark
Keyword(s):  
New Zealand ◽  
Subject Matter ◽  
The Other ◽  
Other Hand ◽  
House Of Lords ◽  
The Subject ◽  
The One ◽  
Court Of Appeal

Reservations of title clauses have enjoyed mixed fortunes in recent times at the hands of the courts in Britain. On the one hand, the House of Lords has upheld the validity and effectiveness of an ‘all-liabilities’ reservation of title clause. On the other hand, claims on the part of a supplier to resale proceeds have been rejected in a string offirst instance decisions. Reservation of title has however been viewed more favourably as a phenomenon in New Zealand. In the leading New Zealand case Len Vidgen Ski and Leisure Ltd u Timam Marine Supplies Ltd. a tracing claim succeeded. Moreover in Coleman u Harvey the New Zealand Court of Appeal gave vent to the view that the title of the supplier is not necessarily lost when mixing of goods, which are the subject matter of a reservation of title clause, has occurred. There are now a series of more recent New Zealand decisions, some of them unreported, dealing with many aspects of reservation of title.

BANKER’S LIABILITY FOR POST-PETITION DISPOSITIONS

2001 ◽  
Vol 60 (3) ◽  
pp. 441-492
Author(s):  
Christopher Hare
Keyword(s):  
Current Account ◽  
The Other ◽  
Considerable Difficulty ◽  
Competing Interests ◽  
Other Hand ◽  
Court Orders ◽  
The One ◽  
A Company ◽  
Court Of Appeal ◽  
Consistent Approach

Once a petition to wind-up a company has been presented, a balance must be struck between two competing interests. On the one hand, the allegedly insolvent company must be allowed to continue trading until the court has had an opportunity to examine the bien-fondé of the petition; on the other hand, the company’s directors must be prevented from dealing with the corporate assets in a way detrimental to the interests of the general creditors. This balance is struck by the Insolvency Act 1986, s. 127, which provides that, upon the granting of a winding-up order, any “dispositions” of the company’s property in the period following the presentation of the petition are retrospectively avoided, unless the court orders otherwise. The courts have, however, had considerable difficulty in applying this provision to the post-petition operation of a company’s current account and, in particular, have failed to adopt a consistent approach to the potential liability of a bank for continuing to operate such an account. The Court of Appeal addressed this problem in Hollicourt (Contracts) Ltd. v. Bank of Ireland [2001] 2 W.L.R. 290.

scholarly journals Banner Headlines: The Maori Flag Debate in Comparative Perspective

2010 ◽  
Author(s):  
Ewan Morris
Keyword(s):  
New Zealand ◽  
Race Relations ◽  
The Other ◽  
Comparative Perspective ◽  
Special Treatment ◽  
Public Places ◽  
Other Hand ◽  
The One ◽  
Equal Citizenship ◽  
New Zealanders

Consider these statements. On the one hand: '[H]e did not agree with flying the tino rangatiratanga flag because it argued the case of Maori sovereignty, when the Treaty was all about being equal citizens'. 'Maori enjoyed equal citizenship and did not need special treatment, either by having special Maori seats or by having a separate Maori flag fly above public venues.' 'Kiwis should come under a single flag in public places - the current ensign of New Zealand.' On the other hand: 'I can see no particular reason why we wouldn't fly a flag off the Auckland Harbour Bridge and indeed off other prominent government buildings, namely Parliament . . . We are flying a Maori flag, as just another small symbolic step forward in the partnership that was the treaty . . . New Zealanders have a sense of pride that we are doing well in race relations, that is just another step in the partnership'.

scholarly journals COMPROMISE, UNDUE INFLUENCE AND ECONOMIC DURESS Gerolomou Constructions (Pty) Ltd v Van Wyk 2011 (4) SA 500 (GNP)

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
CJ Pretorius ◽  
R Ismail
Keyword(s):  
Supreme Court ◽  
Case Note ◽  
The Other ◽  
Undue Influence ◽  
Other Hand ◽  
The Supreme Court ◽  
The Law ◽  
The One ◽  
Court Of Appeal ◽  
Sound Judgment

The matter of Gerolomou Constructions (Pty) Ltd v Van Wyk (2011 (4) SA 500 (GNP)) alludes to two rather problematic aspects of the law of contract: on the one hand it demonstrates that practically speaking the question of what constitutes an enforceable agreement of compromise is still no easy matter, and despite the sound judgment delivered recently by the Supreme Court of Appeal in Be Bop A Lula Manufacturing & Printing CC v Kingtex Marketing (Pty) Ltd (2008 (3) SA 327 (SCA)), it seems that the judiciary’s interpretation as to when an offer of compromise exists remains difficult to predict. On the other hand the Gerolomou decision deals with improperly obtained consensus by way of undue influence, whereas the facts actually fit more comfortably into the niche of so-called economic duress, a form of procedural impropriety that has yet to be recognized as an independent ground for setting aside a contract in our law. This case note examines these issues against the backdrop of the manner in which the case was pleaded.

scholarly journals The need to synthesise industry academy ambitions

2003 ◽  
Vol 9 (1) ◽  
pp. 160-169 ◽  
Author(s):  
Kerry Green
Keyword(s):  
New Zealand ◽  
Public Perception ◽  
The Other ◽  
Journalism Education ◽  
Success Rates ◽  
The Public ◽  
Other Hand ◽  
Wide Range ◽  
The One ◽  
Hard Place

Journalism education in Australia, as it seems in New Zealand, finds itself between a rock and a hard place. On the one hand universities find themselves under pessure to provide courses that meet industry demands and enhance job success rates; on the other hand journalists seek to be recognised as professionals for a wide range of reasons. Among those reasons is the desire to raise the credibility of journalism in the public perception and the need to argue for higer rates of pay and improved conditions.

scholarly journals Conjoint job-share: conjugal bliss

1996 ◽  
Vol 20 (11) ◽  
pp. 685-686
Author(s):  
Andrew West ◽  
Karey Taylor
Keyword(s):  
New Zealand ◽  
Multidisciplinary Team ◽  
The Other ◽  
Psychiatric Ward ◽  
Domestic Life ◽  
Other Hand ◽  
First Child ◽  
Part Time ◽  
The Subject ◽  
The One

By describing a conjoint job-share in a single registrar post on an acute adult psychiatric ward in Wellington, New Zealand, this paper contributes to the growing literature on the subject of part-time training. We shared, on the one hand a registrar post and, on the other hand, our domestic life and the raising of our first child. We supplement our subjective impressions with information gathered from the multidisciplinary team, using a short

scholarly journals Restorative justice by means of concessions on custodial sentences: The New Zealand approach and possible lessons for South Africa

2017 ◽  
Author(s):  
Emma Charlene Lubaale
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Restorative Justice ◽  
South African ◽  
Retributive Justice ◽  
The Other ◽  
The Supreme Court ◽  
The One ◽  
Criminal Matters ◽  
Court Of Appeal

South African courts, in at least two reported cases, have dealt with restorative justice (RJ) in sentencing offenders (i.e. State v. Thabethe (Thabethe case); State v. Seedat (Seedat case)). In both of these cases, the Supreme Court of Appeal rejected the notion of RJ in its entirety, with the presiding judges ‘[cautioning] seriously against the use of restorative justice as a sentence for serious offences.’ However, in countries such as New Zealand, courts have handed down custodial sentences in cases of serious offences while giving due regard to RJ at the same time. The purpose of this article is to highlight some of the strategies that New Zealand courts have invoked to ensure that a balance is struck between retributive justice and RJ. On the basis of this analysis, a conclusion is drawn that RJ can play a role in criminal matters by having it reflect through reduced sentences. With such a strategy, courts can strike a balance between the clear and powerful need for a denunciating sentence on the one hand and RJ on the other.

Stories and the Self

2020 ◽  
Vol 32 (2) ◽  
pp. 47-58 ◽  
Author(s):  
Stefan Krause ◽  
Markus Appel
Keyword(s):  
Meta Analysis ◽  
The Self ◽  
The Other ◽  
Lower Degree ◽  
Contrast Effects ◽  
Self Perception ◽  
Self Perceptions ◽  
Other Hand ◽  
The One ◽  
Implicit And Explicit

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

The Salvage of Ideas: Schumpeter and the Core Problems Still Confronting Economics

2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Other ◽  
The Core ◽  
Other Hand ◽  
The One

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.

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