scholarly journals Wagering and Gaming Contracts in New Zealand

2021 ◽  
Author(s):  
◽  
Robert Alexander Moodie
Keyword(s):  
New Zealand ◽  
Social Climate ◽  
Rational Basis ◽  
The Social ◽  
Considerable Confusion ◽  
English Law ◽  
The Law ◽  
Charles Ii ◽  
The Impact

<p>The law of gaming and wagering contracts in New Zealand has a long and complex history which pre-dates the birth of this nation by almost two centuries. The Gaming Act 1908 (N.Z.) is a consolidating statute, but ss.69, 70 and 71, the enactments having specific application in this area, fall far short of providing a complete code of the law. English statutes enacted in the reigns of Charles II (1664), Anne (1710) and William IV (1835) have always been, and continue to be in force in this country, and indeed, their survival here has been more complete than in England where many of their provisions have been excised by the process of legislative repeal. The New Zealand law of gaming and wagering contracts is very much a product of the English experience for the English enactments in force here are in turn supplemented by New Zealand provisions which have been largely copied from English Gaming Acts of 1845 and 1892. But the New Zealand Legislature has not been completely lacking in imagination. Section 71 of the Gaming Act 1908 (N.Z.) has no counterpart in the English statutes, and sections 69 and 70 of the New Zealand Act both contain subtle, but significant differences, to their English equivalents. However, although New Zealand law in this area is modelled on that of England, there the similarity ends. English law in existence and applicable to the circumstances of the Colony of New Zealand on the 14th of January 1840 was declared to be in force in New Zealand by the English Laws Act, 1858 (N.Z.). That Act did not, however, apply subsequent English enactments, and substantial reforms to the law of gaming and wagering contracts effected by the gaming Act, 1845 (U.K.) were not adopted in New Zealand until the colonial Gaming and Lotteries Act was enacted in 1881. The English Act of 1845 replaced the gaming contract provisions of the Act of Anne (1710) and repealed all but those securities provisions of that Act that had been modified by the Gaming Act, 1835 (U.K.) Thus, within a period of five years from the inception of the colony, New Zealand was applying English gaming laws that were more than two centuries old whilst the English Courts were faced with the prospect of construing a brand new Act. Thirty six years later the colonial legislature adopted verbatim the contract provisions in the Imperial Act of 1845. But by an apparent over-sight the colonial draftsman failed to effect the substantial repeals of the Acts of 1664 and 1710 the English Act had done. But that was only the first of the colonial errors. A further English Act in 1892 was copied and enacted by the colonial legislature in 1894 but with an appendage that demonstrated that the New Zealand legislature had not fully understood the full import of the English measure. This created difficulties of interpretation which were only compounded by a further error of the draftsman of the 1881 Act when he mistakenly copied s.6 of the Betting Houses Act 1853 (U.K.) into s.34 of the former Act without realising the significance of doing so. The 1894 Act also introduced what is now s.71 of the 1908 Act, a provision the reason for the enactment of which has remained unexplained to the present day. When a consolidation of the Colonial Acts was effected by the Gaming Act 1908 the law of gaming and wagering contracts was already in a state of considerable confusion. That confusion was, of course, carried into that Act, but it did not end there and indeed can be said to have gained a new dimension when, as recently as 1970, the New Zealand legislature enacted the Illegal Contracts Act. The New Zealand law of gaming and wagering contracts is largely a product of misunderstandings and errors that occurred when legislative attempts were made to re-enact and effect modifications of the English statutes in this country. In this work the writer seeks to identify the points of departure and to find a rational basis for the law of gaming and wagering contracts and this investigation proceeds in the context of a recognised need for proposals for reform. To this end, in chapters 1 and 2 the social climate in which the Acts of 1664, 1710, 1835 and 1845 are enacted, and their purpose and scope, is identified. In chapter 3 the case for the proposition that the Acts of 1664, 1710 and 1835 are in force in New Zealand is made out and this is followed in chapter 4 by an attempt to explain the motivation behind the enactment of the colonial Acts of 1881 and 1894. Included in this chapter is an outline of the difficulties inherent in both the language of these Acts, and the construction applied to them by the Courts, Chapter 5 is devoted to ascertaining the actual scope of the law of gaming and wagering contracts in New Zealand today and in the penultimate chapter the Impact upon, and the implications for that law, of the Illegal Contracts Act 1970 is discussed. Each section is, where appropriate, accompanied by specific proposals for reform, and those proposals are brought together in summary form in chapter 7.</p>

scholarly journals Wagering and Gaming Contracts in New Zealand

2021 ◽  
Author(s):  
◽  
Robert Alexander Moodie
Keyword(s):  
New Zealand ◽  
Social Climate ◽  
Rational Basis ◽  
The Social ◽  
Considerable Confusion ◽  
English Law ◽  
The Law ◽  
Charles Ii ◽  
The Impact

<p>The law of gaming and wagering contracts in New Zealand has a long and complex history which pre-dates the birth of this nation by almost two centuries. The Gaming Act 1908 (N.Z.) is a consolidating statute, but ss.69, 70 and 71, the enactments having specific application in this area, fall far short of providing a complete code of the law. English statutes enacted in the reigns of Charles II (1664), Anne (1710) and William IV (1835) have always been, and continue to be in force in this country, and indeed, their survival here has been more complete than in England where many of their provisions have been excised by the process of legislative repeal. The New Zealand law of gaming and wagering contracts is very much a product of the English experience for the English enactments in force here are in turn supplemented by New Zealand provisions which have been largely copied from English Gaming Acts of 1845 and 1892. But the New Zealand Legislature has not been completely lacking in imagination. Section 71 of the Gaming Act 1908 (N.Z.) has no counterpart in the English statutes, and sections 69 and 70 of the New Zealand Act both contain subtle, but significant differences, to their English equivalents. However, although New Zealand law in this area is modelled on that of England, there the similarity ends. English law in existence and applicable to the circumstances of the Colony of New Zealand on the 14th of January 1840 was declared to be in force in New Zealand by the English Laws Act, 1858 (N.Z.). That Act did not, however, apply subsequent English enactments, and substantial reforms to the law of gaming and wagering contracts effected by the gaming Act, 1845 (U.K.) were not adopted in New Zealand until the colonial Gaming and Lotteries Act was enacted in 1881. The English Act of 1845 replaced the gaming contract provisions of the Act of Anne (1710) and repealed all but those securities provisions of that Act that had been modified by the Gaming Act, 1835 (U.K.) Thus, within a period of five years from the inception of the colony, New Zealand was applying English gaming laws that were more than two centuries old whilst the English Courts were faced with the prospect of construing a brand new Act. Thirty six years later the colonial legislature adopted verbatim the contract provisions in the Imperial Act of 1845. But by an apparent over-sight the colonial draftsman failed to effect the substantial repeals of the Acts of 1664 and 1710 the English Act had done. But that was only the first of the colonial errors. A further English Act in 1892 was copied and enacted by the colonial legislature in 1894 but with an appendage that demonstrated that the New Zealand legislature had not fully understood the full import of the English measure. This created difficulties of interpretation which were only compounded by a further error of the draftsman of the 1881 Act when he mistakenly copied s.6 of the Betting Houses Act 1853 (U.K.) into s.34 of the former Act without realising the significance of doing so. The 1894 Act also introduced what is now s.71 of the 1908 Act, a provision the reason for the enactment of which has remained unexplained to the present day. When a consolidation of the Colonial Acts was effected by the Gaming Act 1908 the law of gaming and wagering contracts was already in a state of considerable confusion. That confusion was, of course, carried into that Act, but it did not end there and indeed can be said to have gained a new dimension when, as recently as 1970, the New Zealand legislature enacted the Illegal Contracts Act. The New Zealand law of gaming and wagering contracts is largely a product of misunderstandings and errors that occurred when legislative attempts were made to re-enact and effect modifications of the English statutes in this country. In this work the writer seeks to identify the points of departure and to find a rational basis for the law of gaming and wagering contracts and this investigation proceeds in the context of a recognised need for proposals for reform. To this end, in chapters 1 and 2 the social climate in which the Acts of 1664, 1710, 1835 and 1845 are enacted, and their purpose and scope, is identified. In chapter 3 the case for the proposition that the Acts of 1664, 1710 and 1835 are in force in New Zealand is made out and this is followed in chapter 4 by an attempt to explain the motivation behind the enactment of the colonial Acts of 1881 and 1894. Included in this chapter is an outline of the difficulties inherent in both the language of these Acts, and the construction applied to them by the Courts, Chapter 5 is devoted to ascertaining the actual scope of the law of gaming and wagering contracts in New Zealand today and in the penultimate chapter the Impact upon, and the implications for that law, of the Illegal Contracts Act 1970 is discussed. Each section is, where appropriate, accompanied by specific proposals for reform, and those proposals are brought together in summary form in chapter 7.</p>

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

Colonization, Decolonization, and Power: Ruptures and Critical Junctures Out of Dominance

2016 ◽  
Author(s):  
James H. Liu ◽  
Felicia Pratto
Keyword(s):  
Social Justice ◽  
National Identity ◽  
New Zealand ◽  
Social Structure ◽  
Critical Junctures ◽  
The Social ◽  
The World ◽  
European Colonization ◽  
Historical Trajectory ◽  
The Impact

Colonization and decolonization are theorized at the intersection of Critical Junctures Theory and Power Basis Theory. This framework allows human agency to be conceptualized at micro-, meso-, and macro-levels, where individuals act on behalf of collectives. Their actions decide whether critical junctures in history (moments of potential for substantive change) result in continuity (no change), anchoring (continuity amid change with new elements), or rupture. We apply this framework to European colonization of the world, which is the temporal scene for contemporary social justice. Several critical junctures in New Zealand history are analyzed as part of its historical trajectory and narrated through changes in its symbology (system of meaning) and technology of state, as well as the identity space it encompasses (indigenous Māori and British colonizers). The impact of this historical trajectory on the social structure of New Zealand, including its national identity and government, is considered and connected to the overarching theoretical framework.

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.

scholarly journals The inequity of morbidity: Disparities in the prevalence of morbidity between ethnic groups in New Zealand

2020 ◽  
Vol 10 ◽  
pp. 2235042X2097116
Author(s):  
Jason Gurney ◽  
James Stanley ◽  
Diana Sarfati
Keyword(s):  
New Zealand ◽  
Ethnic Groups ◽  
Latin American ◽  
Middle Eastern ◽  
National Level ◽  
Morbidity Burden ◽  
Individual Level ◽  
Level Data ◽  
The Social ◽  
The Impact

Objective: The burden of chronic disease is not evenly shared within our society. In this manuscript, we use comprehensive national-level data to compare morbidity burden between ethnic groups in New Zealand. Methods: We investigated the prevalence of morbidity among all New Zealanders aged 18+ (n = 3,296,837), stratified by ethnic group (Māori, Pacific, Asian, Middle Eastern/Latin American/African, European/Other), using national-level hospitalisation and pharmaceutical data and two measures of morbidity (the M3 and P3 indices). Results and Conclusions: We observed substantial disparities for Māori and Pacific peoples compared to other ethnic groups for the vast majority of commonly-diagnosed morbidities. These disparities appeared strongest for the most-common conditions – meaning that Māori and Pacific peoples disproportionately shoulder an increased burden of these key conditions. We also observed that prevalence of these conditions emerged at earlier ages, meaning that Māori and Pacific peoples also experience a disproportionate impact of individual conditions on the quality and quantity of life. Finally, we observed strong disparities in the prevalence of conditions that may exacerbate the impact of COVID-19, such as chronic pulmonary, liver or renal disease. The substantial inequities we have presented here have been created and perpetuated by the social determinants of health, including institutionalised racism: thus solutions will require addressing these systemic issues as well as addressing inequities in individual-level care.

scholarly journals Dialog Pemikiran Tentang Norma Riba, Bunga Bank, Dan Bagi Hasil di Kalangan Ulama

2020 ◽  
Vol 19 (2) ◽  
pp. 247-264
Author(s):  
Hisam Ahyani ◽  
Dian Permana ◽  
Agus Yosep Abduloh
Keyword(s):  
Social Life ◽  
Social Impact ◽  
Profit Sharing ◽  
Effective Measure ◽  
The Social ◽  
The Law ◽  
The Rich ◽  
The Interest Rate ◽  
Mutual Tolerance ◽  
The Impact

This research found that the Norma of Riba in Islamic Economics is a khilafiyah problem as well as the law of Bank Interest, in principle, mutual tolerance and mutual respect and respect for inter-opinions must be put forward. This is because each group of ulama has devoted their energy to seeking the law of the problem, and in the end their opinion remains different. Profit sharing norms in Islamic economics are an innovative step in an Islamic economy that is not only in accordance with people's behavior, but more than that profit sharing is a social balance step in obtaining economic opportunities. Thus, the profit sharing system can be seen as a more effective measure to prevent conflict between the rich and the poor from occurring in social life. The impact of Bank Interest (Riba) on the Country's Economy, among others, has an impact on several sectors including the Economic Impact. The higher the interest rate, the higher the price to be set on an item. Social Impact, the social impact of society related to Riba in terms of unfair income. Impact of Company Resilience, only companies that have resilience will survive

scholarly journals Impact of social media on children´s relationship with brands

2021 ◽  
Vol 115 ◽  
pp. 01003
Author(s):  
Nikoleta Hutmanová ◽  
Peter Dorčák
Keyword(s):  
Social Media ◽  
New Zealand ◽  
Qualitative Approach ◽  
Brand Awareness ◽  
Age Group ◽  
Media Usage ◽  
The Social ◽  
Use Of Social Media ◽  
The Impact ◽  
Depth Interviews

The paper focuses on how social media usage by children determines their interactions with consumer brands. First it describes how and when young children develop brand awareness and which are the most important predictors of this development. Those findings are then put in connection with the impact of social media. We elaborate on a deeper level how children approach online communications with brands in the social media context. Our assumptions are supported by a research conducted on a group of New Zealand children, both boys and girls in the age group of 11-14 years. This qualitative approach was implemented using in-depth interviews and identifies three key modes of brand interaction behaviour when young consumers use social media. According to these findings we assume that there is a connection between the use of social media and children´s relationship with consumer brands.

scholarly journals The Impact of Socio-Historical Context on Identity: An Analysis of Ngāi Tamarāwaho Identity in the Colonisation Era

Te Kaharoa ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Melissa Derby
Keyword(s):  
New Zealand ◽  
Social Context ◽  
Historical Context ◽  
Major Focus ◽  
Common Trends ◽  
The Third ◽  
Indigenous Groups ◽  
The Social ◽  
Waitangi Tribunal ◽  
The Impact

The purpose of this article is to illustrate the influence that socio-historical context has on the identity of a group. The identity of the hapū (tribe) Ngāi Tamarāwaho is examined to demonstrate the impact that specific phenomena associated with colonisation had on hapū identity, and the major focus of this chapter is the interplay between Ngāi Tamarāwaho and the phenomenon of colonisation. This article concentrates specifically on hapū identity during the colonisation era, which, in the context of this article, commenced with the arrival of Pākehā (British) settlers in New Zealand in 1814, and concluded with the establishment of the Waitangi Tribunal in 1975. For comparative purposes, parallels are drawn with other indigenous groups globally to highlight similarities between the colonisation experiences of these groups and those of Ngāi Tamarāwaho, and to illustrate common trends that occur as a result of colonisation and its associated phenomena. The first section in this article discusses the need to consider socio-historical context in research pertaining to identity, and provides examples of research that has been conducted to this effect. The second section establishes the social context of Ngāi Tamarāwaho, and the third section outlines the historical context. Following this is an analyis of the effects of aspects of colonisation on Ngāi Tamarāwaho identity, and this article concludes by discussing ways in which the hapū revived and reasserted their identity

scholarly journals Collaboration in a Time of Covid-19

2020 ◽  
Vol 16 (3) ◽  
Author(s):  
Mike Reid
Keyword(s):  
New Zealand ◽  
Economic Impact ◽  
Central Government ◽  
Institutional Arrangements ◽  
Government Response ◽  
The Social ◽  
Essential Services ◽  
Intergovernmental Relationships ◽  
The Impact

The social and economic impact of a pandemic like Covid-19 was always going to require a multi-government response, and so it was in New Zealand. Despite the complexity that has historically characterised intergovernmental relationships, the impact of Covid-19 saw institutional arrangements quickly put in place that enabled a joined-up response from both local and central government. This article looks at how these arrangements worked and how they contributed to the provision of essential services through all levels of the lockdown.

1. Introduction

Criminal Law ◽  
2017 ◽  
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
European Convention ◽  
English Law ◽  
The Law ◽  
The Impact

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter answers the following questions: What is a crime? What purpose or function does the criminal law serve? Why is particular conduct classified as criminal? What are the purposes of punishment? It also examines briefly discusses the impact of the European Convention on Human Rights on English law.

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