scholarly journals Should New Zealand Shirk Its Obligations? A Critical Perspective on Private Law Scholarship

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.

2003 ◽  
Vol 34 (2) ◽  
pp. 443
Author(s):  
Susan St John

The Accident Compensation Scheme was introduced in New Zealand as a form of social insurance. The issue quickly became whether ACC should embody private insurance principles. This article explores this very issue and other future challenges in ACC going forward, including determining what types of injuries ACC should cover, the role of welfare economics, and the tension between the no-fault concept with ACC's emphasis on cost/price signals. 


Legal Studies ◽  
2019 ◽  
Vol 39 (3) ◽  
pp. 499-516
Author(s):  
Simon Connell

AbstractThis paper presents a history of New Zealand's accident compensation scheme as a struggle between two competing normative paradigms that justify the core reform of the replacement of civil actions for victims of personal injury with a comprehensive no-fault scheme. Under ‘community insurance’, the scheme represents the community taking moral and practical responsibility for members who are injured in accidents, while for ‘compulsory insurance’ the scheme is a specific form of compulsory accident insurance. Understanding the history of the scheme in this way helps explain both the persistence of the scheme and important changes made to it by different governments.


2014 ◽  
Vol 45 (3) ◽  
pp. 525
Author(s):  
Anthea Williams

In Cumberland v Accident Compensation Corporation, the Court of Appeal held that where a mother is denied the information that her foetus is disabled, and thus loses the opportunity to terminate the pregnancy, the "continuing pregnancy" can be a personal injury covered by the Accident Compensation scheme. This article examines the judgment and argues the Court of Appeal has extended New Zealand case law on "wrongful births" without explicitly acknowledging this. The author suggests that, by focussing purely on the physical effects on the mother and her lost opportunity to determine the medical treatment given to her, the Court has avoided the value laden approach that has plagued other wrongful birth cases.


1969 ◽  
pp. 319
Author(s):  
Lewis N. Klar

The author discusses the advent of Anton Piller orders and contrasts its benefits against the right against self incrimination.


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.


2021 ◽  
Author(s):  
◽  
Susan Morrissey

<p>This thesis adopts Carol Bacchi’s Foucault-influenced poststructuralist perspective to investigate how the concept of gender equality was conceptualized in the paid parental leave (PPL) policies in New Zealand and Norway. Poststructuralism is concerned with how we ‘know’ things, and with language, and the Foucauldian influence brings a focus on discourse as knowledge. Poststructuralism is also concerned with subjectification, how subject positions are created by the discourse, and the way in which some people are excluded from certain subject positions. The research investigates changes to the PPL policies in New Zealand and Norway and how gender equality was conceptualized in each country.  This research is conducted using two closely-related poststructuralist methodologies for two different types of data. The first data consist of historical documents from prior to and including the time that the PPL policies were changed and Bacchi’s ‘What’s the Problem Represented to be?’ or ‘WPR’ framework is used to analyse them. The second data consist of interviews with people involved in the PPL policies and Bacchi and Bonham’s Poststructural Interview Analysis or ‘PIA’ framework is used to analyse them. For both data sets, the analysis consists of thematic coding, followed by answering the series of WPR questions or the PIA processes. Three common themes of payment rate, eligibility, and rights were identified in the analysis of the historical data and they provided a focus for the interview data analysis. Different conceptions of gender equality were identified in each country.   The research makes a number of contributions. It provides an original insight into the design of PPL policy from a critical perspective and brings a gender lens to policy analysis. It offers a unique comparison between New Zealand and Norway, and provides a further methodological example of the established WPR framework, as well as an early application of the new PIA approach. The research also challenges policy-makers to makers to adopt and maintain a critical perspective in their work, and to recognise that people are subjects, and that policies are problems constituted by the discourse.</p>


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