scholarly journals A Conceptual Framework for the New Zealand Tort of Intrusion

2016 ◽  
Vol 47 (2) ◽  
pp. 283 ◽  
Author(s):  
Nicole A Moreham
Keyword(s):  
New Zealand ◽  
Conceptual Framework ◽  
Common Law ◽  
Starting Point

This article examines the desirable scope of the New Zealand tort of intrusion into seclusion. It begins by developing a six-part taxonomy of common law privacy interests and then, using that taxonomy as its starting point, asks which privacy interests the New Zealand intrusion tort should cover. It argues that although the intrusion tort is a very welcome addition to New Zealand common law, it is important that its parameters are clearly delineated. The best way to achieve that, it is suggested, is by recognising that unwarranted listening, watching or recording of private activities is the gravamen of the new tort. 

Harris v Fitzherbert: Customary Rights of Labour on a Shore Whaling Station

2011 ◽  
Vol 42 (4) ◽  
pp. 639
Author(s):  
Stuart Anderson
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Legal Rights ◽  
Customary Rights

This note considers an early adaptation of common law to conditions on New Zealand whaling stations, made relatively easy by the law's prior acceptance of local custom or usage as a determinant of legal rights. The case, Harris v Fitzherbert from 1843, is significant also for the jury's acceptance of a manual workers' construction of the rule over financiers.

The 3 C's of the Circular Economy for Food. A conceptual framework for circular design in the food system

2021 ◽  
Author(s):  
Franco Fassio
Keyword(s):  
Sustainable Development ◽  
Conceptual Framework ◽  
Circular Economy ◽  
Food System ◽  
Raw Material ◽  
Starting Point ◽  
Development Goals ◽  
Definition Of ◽  
Open Question ◽  
Circular Design

Food, the basic connecting unit of all the UN's Sustainable Development Goals, plays a crucial role in the ecological transition towards a circular economic paradigm. This paper takes scientific considerations as a starting point in order to contribute to the definition of a theoretical-operational framework in which to grow the Circular Economy for Food. This is a still-open question in a sector of the circular economy that is emerging as vital to sustainable development. The 3 C's of Capital, Cyclicality and Co-evolution offer a systemic, holistic vision of the food system's role. Within this conceptual framework, the designers can find the main boundaries of the system, within which to express their creativity. The aim must be to avoid damaging relationships with the best supplier of raw material known to humanity (Nature), respecting planetary boundaries and at the same time offering a fair space to civil society.

Is there a Duty to Prevent Harm in Tort? A Common Law Perspective

2021 ◽  
Vol 12 (2) ◽  
pp. 116-145
Author(s):  
Paula Giliker
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Tort Law ◽  
Public Authority ◽  
Public Authorities ◽  
Statutory Duty ◽  
Starting Point ◽  
Private And Public ◽  
Legal Position ◽  
The Common

Abstract In this paper, I will examine the extent to which the common law of tort in England and Wales imposes a duty to prevent harm on public authorities and private individuals. As will be seen, the starting point for the common law is that such liability should, in both cases, be regarded as exceptional. This must, however, be weighed against duties to prevent harm that arise under the torts of negligence and breach of statutory duty. Public authorities may also face claims that their failure to prevent harm is in breach of ECHR arts 2 or 3. While the law is complex, this paper identifies three key arguments that explain the current legal position at common law, namely that: (i) tort law should treat private and public parties alike: (ii) human rights claims should be treated as distinct from private law claims and (iii) libertarian concerns signify that a duty to prevent harm should be exceptional and needs to be justified. While these arguments provide both an explanation of and a justification for the current law, this article questions to what extent the treatment of public authority liability may be regarded as unduly harsh on vulnerable claimants.

Parental Alienation Syndrome of contactbreuk : Waarom uit het oog niet uit het hart is. Kinderen verst(r)ikt in verbinding.

2016 ◽  
Vol 6 (2) ◽  
pp. 1-29
Author(s):  
Claire Wiewauters ◽  
Kathleen Emmery
Keyword(s):  
Conceptual Framework ◽  
Meaning Making ◽  
Well Being ◽  
Online Service ◽  
Parental Alienation ◽  
Parental Alienation Syndrome ◽  
Welfare Work ◽  
Developmental Age ◽  
Starting Point ◽  
Kinderen En Jongeren

In dit artikel nemen we als focus de kwetsbare positie van het kind in de context rondom PAS (Parental Alienation Syndrome). We vertrekken vanuit een postmoderne visie op de werkelijkheid waarbij de betekenisgeving binnen een relationeel kader een belangrijke plaats inneemt. Ook de ontwikkelingsleeftijd van kinderen vergt onze aandacht. We toetsen ons conceptueel kader aan een analyse van 60 chatgesprekken van kinderen en jongeren met de hulplijn Awel over de scheiding van hun ouders en het leven in een samengesteld gezin. We formuleren een aantal concrete voorstellen die ervoor moeten zorgen dat de ontwikkeling en het welzijn van kinderen en jongeren zoveel mogelijk gewaarborgd blijft wanneer contactbreuk bij en na scheiding optreedt. Hiermee bieden we een antwoord op de draaglast en het isolement van kinderen. We houden een pleidooi om het actorschap van kinderen te verhogen. We pleiten voor meer samenwerking tussen de betrokkenen bij welzijn en justitie. Abstract :  This article focuses on the vulnerable position of the child in the context of PAS (Parental Alienation Syndrome).  Our starting point is a postmodern vision on reality in which meaning making plays an important role in relations.  We also pay attention to the developmental age of children. We test our conceptual framework with an analysis of 60 chat conversations of children and youngsters with the online service of the Flemish Child Helpline (‘Awel’) about the divorce of their parents and life in a newly composed family. We formulate several specific suggestions to make sure that the development and well‐being of children and youngsters is guaranteed as much as possible when contact is broken during and after the divorce. With this we offer a response to the burden and isolation of children. We make a plea to strengthen the agency of children and for more cooperation between the welfare work and legal actors that are involved.

Stigma, decriminalisation, and violence against street-based sex workers: Changing the narrative

Sexualities ◽  
2018 ◽  
Vol 22 (7-8) ◽  
pp. 1288-1308 ◽  
Author(s):  
Lynzi Armstrong
Keyword(s):  
New Zealand ◽  
Sex Work ◽  
Sex Workers ◽  
Negative Impact ◽  
Worker Safety ◽  
Worker Rights ◽  
Sex Worker ◽  
Multiple Risks ◽  
Ongoing Work ◽  
Starting Point

It is well documented that sex workers manage risks in their work – such as the potential for violence and the multiple risks associated with stigma. While sex workers are commonly understood to be a stigmatised population, few studies have considered in depth how stigma operates in different legislative contexts, how it relates to sex-worker safety, and how it may be reduced. Stigma is understood to be exacerbated by the criminalisation of sex work, which defines sex workers as deviant others and consequently renders them more vulnerable to violence. However, as full decriminalisation of sex work is still relatively rare, there has been little in-depth exploration into the relationship between this legislative approach, risks of violence, and stigma. Drawing on the findings of in-depth interviews with street-based sex workers and sex-worker rights advocates, in this article I explore the links between stigma and violence, and discuss the challenges of reducing stigma associated with sex work in New Zealand, post-decriminalisation. I argue that while decriminalisation has undoubtedly benefited sex workers in New Zealand, stigma continues to have a negative impact – particularly for street-based sex workers. Decriminalisation should therefore be considered an essential starting point. However, ongoing work must focus on countering stigmatising narratives, to enable a safer society for all sex workers.

scholarly journals Spaces of Wellbeing; A Framework for Tertiary Environments

2021 ◽  
Author(s):  
◽  
Tessa Lynch
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
New Zealand ◽  
Conceptual Framework ◽  
Real Life ◽  
Mental Illnesses ◽  
Real Problem ◽  
Architectural Theory ◽  
Health And Wellbeing ◽  
Maori Health

<p>Generally, one in five New Zealanders experience mental illness. Majority of lifelong mental illnesses begin before the age of 25, presenting a real problem for youth. In 2018, young people of New Zealand called for more help as they rallied outside parliament. The government responded by allocating more money towards student mental health. Yet, employing more counsellors, which is necessary, is not the only way to contribute to an urgent need for a new approach towards supporting mental health and wellbeing.   This research portfolio responded to this complex situation by developing ‘a guide’ for the design of tertiary spaces supportive of wellbeing. One of the most important goals of this work was to align the research closely with user needs and views, therefore research methods involved including students views in more than one phase of development. The work draws on evidence based design, geography, health and architectural theory and the existing wellbeing knowledge. Engagement with the users, observation, experiments and real life interventions were critical in refining a conceptual framework which kept the users at the centre of the process. The outcome of this research was a resource to guide the design of tertiary space for wellbeing, using five intervention points, which could have a positive effect on the student wellbeing if implemented as a system.  New Zealand must shift the current model of mental health care towards more holistic understandings of health, which better incorporates Māori health and wellbeing. Despite New Zealand’s bicultural values, Māori experience significantly higher rates of mental illness. This prompted to design with the same understandings of hauora (health). As a result, the conceptual framework presented a multi-dimensional, interconnected understanding of wellbeing through an integrated framework exploring physical, cultural, social, learning and spiritual environments.   While it is acknowledged that environments can affect our mental health, this is an under researched field requiring motivation to stimulate discussion and change. This research advocates wellbeing as a central focus in the design of our built environments and explores the opportunity for architecture to facilitate our student and national wellbeing goals.</p>

scholarly journals In Support of a 'Living Wage': Research on International and Danish Trends and Issues of 'Working Poor'.

2013 ◽  
Author(s):  
Erling Rasmussen ◽  
Jens Lind
Keyword(s):  
New Zealand ◽  
Labour Market ◽  
Minimum Wage ◽  
Service Sector ◽  
Limit State ◽  
State Regulation ◽  
Working Poor ◽  
Living Wage ◽  
Paid Work ◽  
Starting Point

In May 2012, a campaign started in support of a New Zealand ‘living wage’. This happened in light of many New Zealand workers receiving wages at or just above the statutory minimum wage and that several fast-growing sectors continue to establish many low paid jobs. While the paper’s starting point is the New Zealand ‘living wage’ debate, the issues discussed have been part of international debates about the existence and consequences of low paid work. These debates have highlighted that some countries have been better at containing low paid work. On this background, this paper focuses on the trends and issues surrounding ‘working poor’ in Denmark. As detailed, the Danish labour market has succeeded in having a relatively low level of ‘working poor’. This has even happened in several service sector industries renowned for their propensity to create low paying jobs. However, the paper also questions the stability of the so-called Danish Model based on an open labour market with large in- and outflows of migrants and with a reliance on collective bargaining/agreements, with limit state regulation and, in particular, no statutory minimum wage.

scholarly journals Knowledge Governance: Building a Conceptual Framework

2019 ◽  
Vol 8 (1) ◽  
pp. 72-92
Author(s):  
Isabel Pinho ◽  
Cláudia Pinho ◽  
António Pedro Costa
Keyword(s):  
Literature Review ◽  
Conceptual Framework ◽  
Conceptual Model ◽  
Systematic Literature Review ◽  
Future Research ◽  
Analysis Framework ◽  
Starting Point ◽  
Structured Analysis ◽  
Knowledge Governance ◽  
Core Documents

This exploratory systematic literature review is a starting point for a deep literature review on “Knowledge Governance” (KGOV) topic. The aim is to have a quick picture about KGOV; specifically trying to identify the seminal, core and relevant documents. We also seek to know the contexts of these studies, as well as on what ontological levels and activities they refer to. The principal results are: a) the identification of the structure of the topic, by retrieving the main seminal articles and the most cited (core documents) and b) the building of a structured analysis framework. This framework will be used to perform a deep literature review that aim to develop an integrated and holist conceptual model on Knowledge Governance. Major conclusions are related to clues for future research on this topic.

“Measuring up”: a systematic literature review of performance measurement in Australia and New Zealand local government

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mary C. Johnsson ◽  
Matthew Pepper ◽  
Oriana Milani Price ◽  
Lauren P. Richardson
Keyword(s):  
Systematic Review ◽  
New Zealand ◽  
Local Government ◽  
Performance Measurement ◽  
Local Governments ◽  
Management Practices ◽  
New Public Management ◽  
Systematic Review Methodology ◽  
Content Type ◽  
Starting Point

Purpose Measurement practices have long been considered vital for informing the management of performance in organisations. Their application to local governments is a more recent, yet multi-decade phenomenon facilitated by New Public Management trends. This paper aims to review the landscape of publications that discuss performance measurement (PM) practices in Australian and New Zealand local government contexts and identify implications for future research. Design/methodology/approach A systematic review methodology was used to identify a shortlist of publications. Next, a rating-based researcher appraisal process was applied. Multiple iterations of search and appraisal were conducted to form the basis for inductive thematic analysis and synthesis. Findings Analysing 65 PM publications, two interrelated themes, namely, discourses of performance as efficiency, accountability or strategic growth and change were identified, which influence the adoption of local PM tools and frameworks. As demands for strategic growth and more complex service delivery increase, strategic and localised adaptation of PMs may be required to integrate learning and communicative competencies with technical and operational capabilities. Research limitations/implications The systematic review methodology has been applied to address some of the limitations of publication and reporting biases in literature. This research provides a starting point for future investigations and broadening of discourse in local government contexts. Originality/value This paper represents the first systematic review of 1995–2020 publications on performance management practices used by local governments in Australia and New Zealand.

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