scholarly journals "A Collusive Suit to ""Confound the Rights of Property Through the Length and Breadth of the Colony""?: Busby v White (1859) "

2010 ◽  
Vol 41 (3) ◽  
pp. 563
Author(s):  
Ned Fletcher ◽  
Dame Sian Elias
Keyword(s):  
New Zealand ◽  
New South ◽  
Privy Council ◽  
Land Claims ◽  
Native Title ◽  
South Wales ◽  
The Supreme Court ◽  
Treaty Of Waitangi ◽  
The Government ◽  
Set Up

In Busby v White, James Busby sought to challenge the validity of the Land Claims Ordinance 1841 which treated his pre-Treaty of Waitangi land purchases as "null and void". He had campaigned against the New South Wales statute which preceded the Ordinance, and throughout the 1840s continued to argue against the legislation through political channels, while maintaining his claim to hold the lands under his "native title". By the 1850s holding by "native title" was increasingly precarious as the Government moved to acquire Busby's lands for the purposes of settlement. Busby was forced to law. His aim was to set up the validity of the legislation as a question of law which could be taken to the Privy Council for authoritative resolution. Busby v White was the second attempt to establish a platform for appeal. As in his earlier claim, Busby v McKenzie, the Supreme Court avoided a determination on the merits, thus thwarting Busby's strategy of appealing to London. Although no substantive decision was delivered, the extensive argument was fully reported in The Southern Cross newspaper, from which the Lost Cases Project has recovered it. Its interest today is in arguments which question the course set by R v Symonds (1847) on the nature of native property in New Zealand and the subsequent relegation of the Treaty of Waitangi to legal limbo in Wi Parata v Bishop of Wellington (1877).

scholarly journals The Treaty Claims Settlement Process in New Zealand and its Impact on Māori

Land ◽  
2019 ◽  
Vol 8 (10) ◽  
pp. 152 ◽  
Author(s):  
Mutu
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Treaty Of Waitangi ◽  
Treaty Monitoring ◽  
Settlement Policy ◽  
The Government ◽  
Set Up ◽  
Waitangi Tribunal ◽  
The Impact ◽  
Colonisation Process

This article considers research conducted on the impact of the Crown’s treaty claims settlement policy on Māori in New Zealand. It provides a brief background to the Treaty of Waitangi and the subsequent British colonisation process that relied on the Doctrine of Discovery in breach of the treaty. It outlines how colonisation dispossessed Māori of 95 percent of their lands and resources, usurped Māori power and authority and left them in a state of poverty, deprivation and marginalisation while procuring considerable wealth, prosperity and privilege for British settlers. The work of the Waitangi Tribunal, the commission of inquiry set up to investigate those breaches, is considered, as is the Crown’s reaction to the 1987 Lands case in developing its treaty claims settlement policy. The Crown unilaterally imposed the policy despite vehement opposition from Māori. Since 1992, it has legislated more than seventy ‘settlements’. The research shows that overall, the process has traumatised claimants, divided their communities, and returned on average less than one percent of their stolen lands. Proposals for constitutional transformation have drawn widespread support from Māori as a solution to British colonisation. United Nations treaty-monitoring bodies have recommended that the government discuss this with Māori.

Lecanactis (Roccellaceae) in Tasmania, with the description of a new saxicolous species and a revised key for the genus in Australia

2021 ◽  
Vol 53 (1) ◽  
pp. 95-101
Author(s):  
Gintaras Kantvilas
Keyword(s):  
New Zealand ◽  
New South ◽  
First Record ◽  
New Taxon ◽  
European Species ◽  
Australian Species ◽  
South Wales ◽  
Distribution And Ecology ◽  
Tasmanian Endemic ◽  
First Time

AbstractThe lichen genus Lecanactis Körb. in Tasmania comprises six species: L. abietina (Ach.) Körb., which is widespread and pan-temperate; L. latispora Egea & Torrente and L. neozelandica Egea & Torrente, both shared with New Zealand and with the former recorded here from the Auckland Islands for the first time; L. mollis (Stirt.) Frisch & Ertz, shared with Victoria and New Zealand; L. aff. dilleniana (Ach.) Körb., a European species recorded provisionally for Tasmania on the basis of several sterile collections; L. scopulicola Kantvilas, which is described here as new to science and apparently a Tasmanian endemic. This new taxon occurs in rocky underhangs and is characterized by a thick, leprose thallus containing schizopeltic acid, and 3-septate ascospores, 19–30 × 4.5–6 μm. Short descriptions and a discussion of distribution and ecology are given for all species. A key for all 11 Australian species of the genus is provided, including L. subfarinosa (C. Knight) Hellb. and L. tibelliana Egea & Torrente, which are recorded for Australia for the first time, and L. platygraphoides (Müll.Arg.) Zahlbr., a first record for New South Wales. Lecanactis spermatospora Egea & Torrente and L. sulphurea Egea & Torrente are also included.

Forum Non Conveniens and Antisuit Injunctions: An Update

1998 ◽  
Vol 92 (1) ◽  
pp. 41-43
Author(s):  
Andreas F. Lowenfeld
Keyword(s):  
New Jersey ◽  
New South ◽  
Product Liability ◽  
Federal Court ◽  
The United States ◽  
Insurance Companies ◽  
South Wales ◽  
The Supreme Court ◽  
Forum Non Conveniens ◽  
Court Of First Instance

In the April 1997 issue of the Journal, I reported on three cases in which the response to an action brought in the court of one country led not to an answer, but to a countersuit in another country—for an antisuit injunction, a declaration of nonliability or both. One of the cases I discussed arose out of a controversy between an asbestos manufacturer, CSR, and a group of insurance companies, the Cigna Group, that may or may not have been obligated to defend and indemnify the manufacturer in respect of claims in the United States for product liability. The manufacturer brought suit in federal court in New Jersey, raising both contract and antitrust claims. The insurers, as I reported, succeeded in securing an antisuit injunction in the Supreme Court of New South Wales (a court of first instance), and thereafter in defeating a motion by the manufacturer to stay or dismiss, on grounds of forum non conveniens, the insurers’ action seeking a declaration of nonliability. I thought that outcome was wrong: in my view, the Australian court should not have stepped into the controversy, and the insurers should have brought their challenge to the jurisdiction and suitable venue of the New Jersey court in that court.

Monilochaetes infuscans. [Distribution map].

1990 ◽  
Author(s):  
Keyword(s):  
New Zealand ◽  
North America ◽  
South America ◽  
Sierra Leone ◽  
Ipomoea Batatas ◽  
New South ◽  
South Australia ◽  
Distribution Map ◽  
South Wales ◽  
New Distribution

Abstract A new distribution map is provided for Monilochaetes infuscans Halsted ex Harter. Hosts: Sweet potato (Ipomoea batatas). Information is given on the geographical distribution in Africa, Sierra Leone, Zimbabwe, Asia, China, Israel, Japan, Korea, Taiwan, Australasia & Oceania, Australia, New South Wales, Queensland, South Australia, Hawaii, New Zealand, US Trust Terr., Europe, Portugal, Azores, North America, USA, South America, Argentina, Brazil.

Pseudomonas syringae pv. pisi. [Distribution map].

1993 ◽  
Author(s):  
Keyword(s):  
South Africa ◽  
New York ◽  
New Zealand ◽  
Pisum Sativum ◽  
Pseudomonas Syringae ◽  
New South ◽  
South Australia ◽  
Distribution Map ◽  
South Wales ◽  
New Distribution

Abstract A new distribution map is provided for Pseudomonas syringae pv. pisi (Sackett) Young, Dye & Wilkie. Hosts: Pea (Pisum sativum) and other Apiaceae. Information is given on the geographical distribution in Africa, Kenya, Malawi, Morocco, South Africa, Tanzania, Zimbabwe, Asia, India, Rajasthan, Himachal Pradesh, Indonesia, Israel, Japan, Lebanon, Nepal, Pakistan, Russia, Armenia, Kirghizistan, Australasia & Oceania, Australia, New South Wales, South Australia, Western Australia, Queensland, Tasmania, Victoria, New Zealand, Europe, Bulgaria, Denmark, France, Germany, Greece, Hungary, Italy, Netherlands, Romania, Russia, Ukraine, Voronezh, Moldavia, Switzerland, UK, England, Yugoslavia, North America, Bermuda, Canada, Alberta, British Columbia, Manitoba, Ontario, Quebec, Saskatchewan, Mexico, USA, New York, South America, Argentina, Colombia, Uruguay.

Gnomoniopsis smithogilvyi. [Distribution map].

2018 ◽  
Author(s):  
Keyword(s):  
New Zealand ◽  
New South ◽  
Castanea Sativa ◽  
Distribution Map ◽  
Jammu And Kashmir ◽  
Sweet Chestnut ◽  
South Wales ◽  
New Distribution ◽  
Distribution In Europe ◽  
Gnomoniopsis Smithogilvyi

Abstract A new distribution map is provided for Gnomoniopsis smithogilvyi Shuttleworth, Liew and Guest. Sordariomycetes: Diaporthales. Hosts: sweet chestnut (Castanea sativa) and other chestnut species. Information is given on the geographical distribution in Europe (France, Greece, Italy, mainland Italy, Sardinia, Slovenia, Spain Switzerland, UK, England and Wales), Asia (India, Jammu and Kashmir), Oceania (Australia, New South Wales, Victoria, New Zealand).

Listronotus bonariensis. [Distribution map].

1998 ◽  
Author(s):  
Keyword(s):  
New Zealand ◽  
South America ◽  
Geographical Distribution ◽  
New South ◽  
South Australia ◽  
Distribution Map ◽  
South Wales ◽  
Pasture Grasses ◽  
Listronotus Bonariensis ◽  
New Distribution

Abstract A new distribution map is provided for Listronotus bonariensis (Kuschel) Coleoptera: Curculionidae Attacks Lolium spp. and other pasture grasses and cereals. Information is given on the geographical distribution in SOUTH AMERICA, Argentina, Bolivia, Brazil, Chile, Uruguay, OCEANIA, Australia, New South Wales, South Australia, Tasmania, Victoria, Western Australia, New Zealand.

Podospora excentrica. [Descriptions of Fungi and Bacteria].

2020 ◽  
Author(s):  
D. W. Minter
Keyword(s):  
New Zealand ◽  
South America ◽  
Atlantic Ocean ◽  
Geographical Distribution ◽  
Western Australia ◽  
New South ◽  
Conservation Status ◽  
New South Wales ◽  
South Australia ◽  
South Wales

Abstract A description is provided for Podospora excentrica. Some information on its associated organisms and substrata, dispersal and transmission, habitats and conservation status is given, along with details of its geographical distribution (South America (Venezuela), Atlantic Ocean (Portugal (Madeira)), Australasia (Australia (New South Wales, South Australia, Victoria, Western Australia)), New Zealand, Europe (Belgium, Denmark, Germany, Ireland, Italy, Netherlands, Spain, Sweden, UK)).

Professional Misconduct in Psychiatry: Sexual Behaviour with Patients. A Report of Recent New South Wales Findings

1994 ◽  
Vol 28 (2) ◽  
pp. 197-204 ◽  
Author(s):  
Eleanor M. Dawson
Keyword(s):  
Sexual Behaviour ◽  
Psychiatric Treatment ◽  
New South ◽  
New South Wales ◽  
Professional Misconduct ◽  
Medical Practitioners ◽  
Legal Documents ◽  
South Wales ◽  
Legal Context ◽  
The Supreme Court

In the period 1989–1991 the Medical Tribunal in the state of New South Wales conducted enquiries into seven complaints about professional misconduct of a sexual nature incidental to psychiatric treatment. This study is submitted in the interests of patients, profession and public in accordance with the ethos of the Medical Practitioners Act (NSW). It is based on personal observations and published legal documents and refers to the legal context and procedures. It addresses the substance and style of complaints and complainants and of defences and respondents. The names of six psychiatrists and one trainee psychiatrist were removed from the Medical Register. In three instances decisions or orders were unsuccessfully appealed in the Supreme Court. In two instances associated complaints (of illicitly prescribing drugs of addiction and of divulging confidential information) were also found to be professional misconduct. Courtroom pitfalls are illustrated and practical principles explicit in judgements are reiterated.

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