scholarly journals Liability of Lessees and Assignees of Commercial Leases in New Zealand

2008 ◽  
Vol 39 (2) ◽  
pp. 193
Author(s):  
Emma Tait
Keyword(s):  
New Zealand ◽  
Historical Context ◽  
Property Law ◽  
The Law ◽  
Privity Of Contract

This article concerns the liability of lessees and assignees of commercial leases in New Zealand.  This is a complicated area of the law and, as an analysis of the historical context shows, one that was ripe for reform.  The Property Law Act project which culminated with the enactment of the Property Law Act 2007 provided an opportunity to undertake this reform.  However, this article shows that the resulting Act not only fails to correct existing deficiencies in this area but also places an increased burden on assignees that cannot be justified by reference to privity of contract or privity of estate.

A Deceptive Cadence: Nineteenth-Century Property Law and Popular Culture's Perception of The Piano

1995 ◽  
Vol 10 (2) ◽  
pp. 31-54 ◽  
Author(s):  
Anne Warner La Forest
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Property Rights ◽  
19Th Century ◽  
Historical Context ◽  
Historical Review ◽  
Property Law ◽  
Human Spirit ◽  
Love Story ◽  
Time Period

AbstractThe tale presented in the film The Piano is placed in mid-19th-century New Zealand and has been heralded by critics as a timeless love story, and described as erotic and romantic. A legal historical review of this time period, however, demonstrates that, upon marriage, women had very limited property rights and were entirely dependent upon men, whether their fathers, their husbands, or otherwise. In particular, personal objects such as a piano would become the property of the husband upon marriage. Hence, a married woman's access to the ability to express herself in this manner was not her own. The actions of the characters in this film are consistent with the law applicable to this time period. Ultimately, from this persective, the movie is about the abuses of this kind of culture and its inability to suppress the human spirit—the piano being a symbol of exactly that struggle. This paper compares the “modern” perception of this film to its historical context, with the objective of determining what this says about our present society and culture.

Lamarck’s Two Legacies: A 21st-Century Perspective on Use-Disuse and the Inheritance of Acquired Characters

2015 ◽  
Vol 3 (5) ◽  
Author(s):  
Eva Jablonka ◽  
Ehud Lamm
Keyword(s):  
21St Century ◽  
Cultural Evolution ◽  
Historical Context ◽  
Physiological Model ◽  
Future Generations ◽  
Biological Plasticity ◽  
Inheritance Of Acquired Characters ◽  
The Law ◽  
Acquired Characters

<p class="p1"><span class="s1"><strong>Abstract </strong></span>| Lamarck has left many legacies for future generations of biologists<span class="s2"><strong>. </strong></span>His best known legacy was an explicit suggestion, developed in the <em>Philosophie zoologique </em>(PZ), that the effects of use and disuse (acquired characters) can be inherited and can drive species transformation.This suggestion was formulated as two laws, which we refer to as the law of biological plasticity and the law of phenotypic continuity<span class="s2"><strong>. </strong></span>We put these laws in their historical context and distinguish between Lamarck’s key insights and later neo-Lamarckian interpretations of his ideas<span class="s2"><strong>.</strong></span>We argue that Lamarck’s emphasis on the role played by the organization of living beings and his physiological model of reproduction are directly relevant to 21st-century concerns, and illustrate this by discussing intergenerational genomic continuity and cultural evolution.</p>

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

scholarly journals The Meaning of the Phrase τα στοιχεια του κοσμου in Galatians

2007 ◽  
Vol 53 (2) ◽  
pp. 204-224 ◽  
Author(s):  
MARTINUS C. DE BOER
Keyword(s):  
Historical Context ◽  
Close Attention ◽  
Difficult Question ◽  
The Law

This article seeks a fresh answer to the difficult question of the meaning of the phrase τα στοιχεια του κοσμου in Gal 4.3. The answer is sought by paying close attention to (1) the argumentative context of Paul's use of the phrase in the letter (he posits some sort of equivalence between the veneration of τα στοιχεια του κοσμου and the observance of the Law; he does so for contextually relevant theological and rhetorical reasons), and (2) the cultural-historical context of the addressees, the Gentile believers in Galatia (τα στοιχεια are ‘the gods’ they once venerated; this veneration involved calendrical observances).

Mawson’s views on use of natural resources in the Antarctic and sub-Antarctic

Polar Record ◽  
2021 ◽  
Vol 57 ◽  
Author(s):  
Peter D. Shaughnessy ◽  
Mark Pharaoh
Keyword(s):  
New Zealand ◽  
Natural Resources ◽  
Historical Context ◽  
Wildlife Sanctuary ◽  
Elephant Seals ◽  
Macquarie Island ◽  
Antarctic Expedition ◽  
Southern Elephant Seals ◽  
Meteorological Observations ◽  
The Antarctic

Abstract Sir Douglas Mawson is a well-known Antarctic explorer and scientist. Early in his career, he recognised opportunities for commerce in Antarctic and sub-Antarctic regions. While at Cape Denison, Antarctica, in 1913 on the Australasian Antarctic Expedition (AAE), the Adelie Blizzard magazine was produced. Mawson contributed articles about Antarctic natural resources and their possible use. Later, he advocated Australia be involved in pelagic whaling. He collected seal skins and oil for their commercial value to be assessed by the Hudson’s Bay Company. During the AAE, Mawson visited Macquarie Island where an oiling gang was killing southern elephant seals and royal penguins. Mawson was concerned that they were over-exploited and lobbied successfully to stop the killing. His plans for Macquarie Island included a wildlife sanctuary, with a party to supervise access, send meteorological observations to Australia and New Zealand, and be self-funded by harvesting elephant seals and penguins. Macquarie Island was declared a sanctuary in 1933. Although Mawson has been recognised as an early proponent of conservation, his views on conservation of living natural resources were inconsistent. They should be placed in their historical context: in the early twentieth century, utilisation of living natural resources was viewed more favourably than currently.

The Law of Defamation in New Zealand

1965 ◽  
Vol 16 (1) ◽  
pp. 37
Author(s):  
A. G. Davis
Keyword(s):  
New Zealand ◽  
The Law

scholarly journals Educational Utopia? the New Zealand Standards Approach Considered in the Light of the German Experience in Vocational Training

2021 ◽  
Author(s):  
◽  
Peter Kappert
Keyword(s):  
New Zealand ◽  
Continuous Process ◽  
Historical Context ◽  
Compulsory Education ◽  
Education And Training ◽  
Federal Republic Of Germany ◽  
Learning And Teaching ◽  
Early Results ◽  
Role Players ◽  
And Training

<p>This thesis is concerned with both the direction and the appropriateness of the recently adopted standards-based approach in post-compulsory education and training in New Zealand, while particularly focusing on the implications this might have in formal post-school trades training. It evaluates the developments, the tenets, and the early results of the 'standards' movement within a socio-historical context and against the development of relevant policy formations and legislative changes. The central focus in this work is on the National Qualifications Framework, which is currently being developed under the auspices of the New Zealand Qualifications Authority. This outcomes-focussed model, and related government-initiatives, represent a radial shift away from established learning and teaching practices in New Zealand, a move which is not uncontested for both pedagogical and pragmatical reasons. An analysis of these developments is discussed with reference to those in apprenticeship training and policy in the Federal Republic of Germany, which includes the intention, as expressed by the major role players in the Republic, to develop an educational framework model. The principles, scope, and structure, as they relate to these framework models, are analysed from a comparative perspective, and certain points are highlighted. This thesis contends that despite fundamental divergence in training cultures and systems in the two countries, it is recognised that the common aim of the framework approaches is to improve the correspondence between the world of education and work as well as to enhance the educational pathways for students. This, it is argued, are commendable and valuable aims; not in the least because it has also the potential to bridge the 'vocational/academic' divide - an increasingly invalid division in modern-day societies. This is reflected in a strong focus in these framework models on the promotion, and implementation, of an integrated learning and teaching approach which is supported by the notion introduced by Michael Young that qualifying is a continuous process. This concept is now generally endorsed by the major role players in both Germany and New Zealand as being an important one, in that it is supportive of the macro aim of furthering national economic progress. The author, however, contends that educational, progress cannot simply be assumed because a new educational, or qualifications, framework is being introduced. Its foundation needs to be pedagogically sound and based on sufficient research while an (over)reliance on a single assessment strategy for application to all of post-compulsory education and training cannot be accepted as valid from an educational viewpoint. The thesis concludes with advocacy for more critical research into the NQF.</p>

scholarly journals The Urewera Notebook: Scholarly edition

2021 ◽  
Author(s):  
◽  
Rose Anna O'Rorke Plumridge
Keyword(s):  
New Zealand ◽  
Short Story ◽  
Historical Context ◽  
Social Background ◽  
Sentence Structure ◽  
Native Flora ◽  
Scholarly Edition ◽  
Photograph Albums ◽  
The Social ◽  
John Middleton Murry

<p>This thesis is a scholarly edition of Katherine Mansfield’s Urewera Notebook. The General Introduction summarises the purpose to which the notebook has been put by previous editors and biographers, as evidence for Mansfield’s happiness or unhappiness in New Zealand throughout 1906-8. It then offers an overview of the historical context in which the notebook was written, in order to demonstrate the social complexity and geographical diversity of the terrain that Mansfield covered during her 1907 camping holiday. This is followed by an analysis of Mansfield’s attitudes towards colonials, Maori and the New Zealand landscape. Mansfield’s notebook is permeated by a sense of disdain for colonials, especially when encountered as tourists, but also a fascination with ‘back-block ’settlers and a sense of camaraderie with her travelling companions. Mansfield repeatedly romanticised Maori as a noble ‘dying race’ with a mythic past, but was also insightfully observant of the predicament of Maori incontemporary colonial society. Her persistent references to European flora, fauna and ‘high culture’, and her delight in conventionally picturesque English gardens, reveal a certain disconnect from the New Zealand landscape, yet occasional vivid depictionsof the country hint at a developing facility for evokingNew Zealand through literature.In the Textual Introduction I discuss the approaches of the three prior editors of the notebook: John Middleton Murry polished, and selectively reproduced, the Urewera Notebook, to depict Mansfield as an eloquent diarist; Ian A. Gordon rearranged his transcription and couched it within an historical commentary which was interspersed with subjective observation, to argue that Mansfield was an innate short story writer invigorated by her homeland. Margaret Scott was a technically faithful transcriber who providedaccuracy at the level of sentence structure but whoseminimal scholarly apparatus has madeher edition of the notebook difficult to navigate,and has obscured what Mansfield wrote. I have re-transcribed the notebook, deciphering many words and phrases differently from prior editors. The Editorial Procedures are intended as an improvement on the editorial methods of prior editors.The transcription itself is supported by a collation of all significant variant readings of prior editions. Arunning commentary describesthe notebook’s physical composition, identifies colonial and Maori people mentioned in the text, and explains ambiguous historical and literary allusions, native flora and fauna,and expressions in Te Reo Maori. The Itinerary uses historical documents to provide a factually accurate description of the route that Mansfield followed, and revises the itinerary suggested by Gordon in 1978. A biographical register explains the social background of the camping party. This thesis is based on fresh archival research of primary history material in the Alexander Turnbull Library, legal land ownership documents at Archives New Zealand, historical newspapersand information from discussions with Warbrick and Bird family descendants.A map sourced from the Turnbull Cartography Collection shows contemporary features and settlements, with the route of the camping party superimposed. Facsimiles of pages from the notebook are included to illustrate Mansfield’s handwriting and idiosyncratic entries. Photographs have been selected from Beauchamp family photograph albums at the Turnbull, from the Ebbett Papers at the Hawke’s Bay MuseumTheatre Gallery, and from private records.</p>

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

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