scholarly journals The Legal Environment of Salmond's Time

2008 ◽  
Vol 38 (4) ◽  
pp. 689
Author(s):  
Jeremy Finn

This paper examines through multiple lenses the world of the lawyer in early 20th century New Zealand. It considers, and places in their social and political context, the major issues with which Parliament and the courts were dealing, notably issues to do with alienation of Māori land and attempts to prohibit the liquor trade,  but also looking at law reform by private members' Bills. The reported decisions of the courts are analysed to consider the areas of frequent litigation, particularly land law (including Māori land cases), administrative and public law cases thrown up by the prohibition question and the very large volume of torts cases. It then examines the position of the judiciary and the courts, paying particular attention to agitation by the profession for increased judicial salaries and to the debates about the role of the Privy Council following its judgment in Wallis's case. It concludes with a discussion of the organisation and membership of the legal profession, the state of legal education and the development of a body of locally-generated legal literature.

2016 ◽  
Vol 47 (3) ◽  
pp. 429
Author(s):  
Bevan Marten ◽  
Geoff McLay

This article concerns the role of the private law scholar in New Zealand, and how such scholars use their skills to improve the law. It argues that while an obligations scholar's preference may be to engage with the courts and other academics in their scholarly activities, a focus on statutory reform better suits New Zealand conditions. Scholars should share their talents with policy makers, law reform bodies and legislators, helping to explain the importance of a coherent system of private law, and how this may be achieved. The authors then go a step further by suggesting that, in the New Zealand context, the preferable approach to reform may be one involving policy-based solutions exemplified by the accident compensation scheme, as opposed to approaches based on traditional private law principles such as party autonomy.


2011 ◽  
Vol 25 (4) ◽  
pp. 693-709 ◽  
Author(s):  
Juliet Roper ◽  
Michèle Schoenberger-Orgad

This article seeks to broaden the parameters of the research into and discourse of CSR, which, by definition, has focused on corporations, but has neglected the role of governments as corporate owners. Greater awareness and transparency of corporate ownership should open up discussions of accountability, especially as citizens are arguably the principal shareholders of government-owned companies. These are issues of potential concern to organizational communication scholars. The article first examines the nature and genesis of government-owned corporations, particularly in the New Zealand context, which very much follows the pattern of similar corporations around the world. A case study follows, with extant literature of CSR, legitimacy, and the conventionally regarded relative roles of state and the economy drawn upon to inform discussion of the broader ramifications of the case for other organizational contexts.


2021 ◽  
Author(s):  
◽  
Shanna Rose

<p>The dynamics of disease in wildlife populations often involve a complex relationship between physiological, environmental and ecological variables. Defining the pattern of pathogen infection between primary hosts, sympatric species and their environments is crucial in the understanding of potential impacts a pathogen may have on its host species. Very little is known about pathogens of native, New Zealand wildlife. Understanding the role pathogens play in structuring communities is crucial in the conservation of threatened New Zealand wildlife species. Salmonella is an important pathogen of reptiles, birds and mammals, and Salmonellosis has caused significant mortality in wildlife around the world. Recently, Salmonella has been isolated from takahē from a private island in the takahē translocation network. Reptiles have been implicated as asymptomatic carriers and transmitters of Salmonella, and lizards from a private (undisclosed) island have been implicated in the transmission of Salmonella to takahē. To investigate the capacity for lizards to act as a Salmonella reservoir in the takahē translocation network, I examined the distribution, abundance and Salmonella prevalence of lizards within takahē territories on the private island and on Maud Island where takahē also reside. Additionally, I investigated the presence of Salmonella in soil and water samples from takahē territories on the private island, Maud Island and at the Burwood Bush takahē rearing facility. Lizard densities on the private island were estimated to be between 466-6020 lizards/ha, and 118-1528 lizards/ha on Maud Island. Salmonella serovars concurrent with those isolated from takahē were isolated from 2% of lizards, 25% of water and 50% of soil samples on the private island, indicating that lizards and the environment play an important role in transmission and maintenance of Salmonella to takahē. Salmonella was not isolated from lizards or environmental samples on Maud Island or at Burwood Bush, indicating prevalence too low to detect in this study or a Salmonella reservoir unique to the private island. Further investigation of Salmonella sources; serovars and seasonal patterns of Salmonella infection is needed to better inform takahē translocation actions on the private island. Additionally, further examination of Salmonella in lizards and the environment is necessary to assess the risk of Salmonella infection to takahē on Maud Island.</p>


2011 ◽  
Vol 10 (2) ◽  
pp. 67-68
Author(s):  
Alasdair B MacDonald ◽  

The environments in which General, Acute and Emergency Medicine have evolved in Australia, New Zealand and the United Kingdom have differed significantly. As a result of this, the development and the role of Acute Medicine have also had significant contrasts but there are also many similarities and opportunities for shared learning. We are now in a position to look maturely at our services and allow a little constructive ‘compare and contrast’. Confidence in our own models means now we can each embrace diversity rather than believe one size fits all – not just across the world but also in our own backyards.


2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Angela Melville

AbstractLaw Reform Commissions are permanent bodies which operate in common law countries, and are charged with the task of recommending law reform. The Commissions conduct research into the need for law reform, and it appears this research is guided by a common set of broad principles. A comparison of the ways in which the New Zealand Law Commission and the recently defunct Law Commission of Canada put these principles into practice reveals that different Commissions use different approaches when putting these principles into practice.These different approaches reflect the ways in which the role of law within society and the role of the Law Commissions in shaping the law are conceived. For some Commissions, legal reform is a technical process driven by a desire for increased efficiency and effectiveness. For other Commissions, legal reform is seen as directing, rather than merely reflecting, social and legal norms, and is self-consciously aimed towards achieving the goals of social justice.


2015 ◽  
Vol 46 (3) ◽  
pp. 841
Author(s):  
Richard Boast

This article discusses the Omahu affair, a prominent legal drama that took place in the late 19th century involving prominent Māori leaders from the Hawke’s Bay region. The case was the subject of numerous Native Land Court hearings, decisions of the ordinary courts, and ultimately a Privy Council decision in London. This article considers how tensions within the Māori community could drive cases in the Native Land Court, and explores the interconnections between that Court and the ordinary courts. It seeks to promote a more sophisticated view of the Court's role, particularly in the context of inter-Māori disputes, as well as of the complexities of legal and political affairs in 19th century New Zealand. The article also raises some questions relating to the role of elites in the Māori community, and the interconnections between Māori and European elites in 19th century New Zealand.


2016 ◽  
Vol 125 (5) ◽  
pp. 1291-1300
Author(s):  
Robert A. Solomon

Although there are many cities that can claim to have been the incubator of modern neurological surgery, the rise of this surgical subspecialty in New York City in the late 19th and early 20th century mirrors what was occurring around the world. The first confirmed brain tumor operation in the US was performed there in 1887. The author describes the role of several pioneers in the development of neurological surgery. Charles Elsberg was the first dedicated neurological surgeon in New York City and was instrumental in the development of the Neurological Institute and the careers of several other notable neurosurgeons.


2021 ◽  
Author(s):  
◽  
Shanna Rose

<p>The dynamics of disease in wildlife populations often involve a complex relationship between physiological, environmental and ecological variables. Defining the pattern of pathogen infection between primary hosts, sympatric species and their environments is crucial in the understanding of potential impacts a pathogen may have on its host species. Very little is known about pathogens of native, New Zealand wildlife. Understanding the role pathogens play in structuring communities is crucial in the conservation of threatened New Zealand wildlife species. Salmonella is an important pathogen of reptiles, birds and mammals, and Salmonellosis has caused significant mortality in wildlife around the world. Recently, Salmonella has been isolated from takahē from a private island in the takahē translocation network. Reptiles have been implicated as asymptomatic carriers and transmitters of Salmonella, and lizards from a private (undisclosed) island have been implicated in the transmission of Salmonella to takahē. To investigate the capacity for lizards to act as a Salmonella reservoir in the takahē translocation network, I examined the distribution, abundance and Salmonella prevalence of lizards within takahē territories on the private island and on Maud Island where takahē also reside. Additionally, I investigated the presence of Salmonella in soil and water samples from takahē territories on the private island, Maud Island and at the Burwood Bush takahē rearing facility. Lizard densities on the private island were estimated to be between 466-6020 lizards/ha, and 118-1528 lizards/ha on Maud Island. Salmonella serovars concurrent with those isolated from takahē were isolated from 2% of lizards, 25% of water and 50% of soil samples on the private island, indicating that lizards and the environment play an important role in transmission and maintenance of Salmonella to takahē. Salmonella was not isolated from lizards or environmental samples on Maud Island or at Burwood Bush, indicating prevalence too low to detect in this study or a Salmonella reservoir unique to the private island. Further investigation of Salmonella sources; serovars and seasonal patterns of Salmonella infection is needed to better inform takahē translocation actions on the private island. Additionally, further examination of Salmonella in lizards and the environment is necessary to assess the risk of Salmonella infection to takahē on Maud Island.</p>


2014 ◽  
Vol 19 ◽  
pp. 271 ◽  
Author(s):  
Graham Ferris ◽  
Nick Johnson

<p>There has been an implicit assumption that legal education should be about exposition and evaluation, and should reward facility in exposition and theoretical awareness. This theoretically based assumption generates a theory-induced blindness. Specifically, it obscures the dynamic relationship between law and legal practice, despite it being a familiar aspect of the world. The lawyer as rule entrepreneur is lost sight of. One alternative assumption about legal education would be that law is a game like activity; and legal education should be directed towards promoting those qualities that would enhance performance in this game. In this approach to legal education it would be practical nous that would be sought and rewarded, and such qualities as facility in exposition and theoretical awareness would receive recognition merely as qualities that can be ancillary to and elements of practical nous. Doctrinal legal education naturally pulls towards the first theory, and clinical legal education naturally pulls towards the second. We argue for a clearer awareness of the role of rule entrepreneurship in clinical programmes and in legal education generally.</p>


2017 ◽  
Vol 4 (3) ◽  
pp. 395
Author(s):  
Anastasia Chournazidi Ph.D

<p><em>This article focuses on the theory of German philosopher and literature critic Walter Benjamin (1892-1940) on the role of children</em><em>’</em><em>s literature and the degree by which his aesthetical theory, as expressed in the early 20th century, may be applied in modern education. Particularly in preschool ages, children’s literature plays a defining role in children</em><em>’</em><em>s development, stimulating learning memory and providing the foundations for the child</em><em>’</em><em>s perception of the world around him/her. Children</em><em>’</em><em>s literature and illustrations of children’s books, introduce children in learning and writing. In his theory, Benjamin describes how literature, and in particular the magic perceived by children’s mentality in fairytale, can and should be an integral part of education that does not apply standardized pedagogic norms or psychological interpretations, but promotes the way in which the child observes the world, imagination and intuitive perception.</em></p>


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