scholarly journals Arbitrator ethics in New Zealand: The New Zealand approach to ethical obligations in international arbitration

2021 ◽  
Author(s):  
◽  
Ella McLean
Keyword(s):  
New Zealand ◽  
Good News ◽  
Ethical Culture ◽  
International Arbitration ◽  
International Obligations ◽  
Ethical Obligations

<p>Arbitrators in international arbitrations must observe ethical obligations of impartiality and independence, competence, diligence, confidentiality and compliance with the arbitration agreement. A New Zealand understanding of these standard international obligations is influenced by New Zealand’s ethical culture. New Zealand arbitrators practicing overseas must recognise how their culture affects their approach to ethical obligations. In particular, they must be aware that a New Zealand approach to impartiality and independence may be seen as relaxed by those outside New Zealand. A New Zealand approach to ethical obligations is also applied during the enforcement of arbitrators’ obligations where New Zealand is the seat of an international arbitration. Foreign parties are likely to be satisfied with the enforcement of ethical obligations in New Zealand. This is good news for those seeking to establish New Zealand as a regional hub of international arbitration.</p>

scholarly journals Arbitrator ethics in New Zealand: The New Zealand approach to ethical obligations in international arbitration

2021 ◽  
Author(s):  
◽  
Ella McLean
Keyword(s):  
New Zealand ◽  
Good News ◽  
Ethical Culture ◽  
International Arbitration ◽  
International Obligations ◽  
Ethical Obligations

<p>Arbitrators in international arbitrations must observe ethical obligations of impartiality and independence, competence, diligence, confidentiality and compliance with the arbitration agreement. A New Zealand understanding of these standard international obligations is influenced by New Zealand’s ethical culture. New Zealand arbitrators practicing overseas must recognise how their culture affects their approach to ethical obligations. In particular, they must be aware that a New Zealand approach to impartiality and independence may be seen as relaxed by those outside New Zealand. A New Zealand approach to ethical obligations is also applied during the enforcement of arbitrators’ obligations where New Zealand is the seat of an international arbitration. Foreign parties are likely to be satisfied with the enforcement of ethical obligations in New Zealand. This is good news for those seeking to establish New Zealand as a regional hub of international arbitration.</p>

scholarly journals Criminalisation of seafarers - A New Zealand perspective

2021 ◽  
Author(s):  
◽  
Miranda Grange
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Health And Safety ◽  
Employee Rights ◽  
Maritime Security ◽  
Maritime Transport ◽  
Maritime Industry ◽  
International Transport ◽  
Transport Workers ◽  
International Obligations

<p>Participants and observers of the maritime industry have been claiming a trend internationally towards criminalising the actions of seafarers in modern years. This trend has been apparent since the mid-20th century and has many vocal industry participants declaring that it is disturbing and negatively impacts the maritime industry as a whole, particularly when the blame of large-scale pollution events are placed on seafarers themselves. The International Transport Workers’ Federation (“ITWF”) highlights these industry concerns:¹  "In the modern maritime industry, reduced crews are expected to affect fast turnarounds and take ever greater responsibility for maritime security and pollution prevention. On the one hand they are subject to pressure from the company to remain economically competitive at all costs. On the other hand they face the threat of heavy-handed sanctions by States eager to find scapegoats for politically sensitive cases involving environmental damage."  This paper looks at international discourse on this trend and examines whether it is reflected in New Zealand (“NZ”) by focusing on the statutory reality of the increasing criminalisation thesis. This maritime industry is largely regulated by the Maritime Transport Act 1994 (“MTA”). However, as with all jurisdictions, maritime specific laws do not exist in a vacuum. The MTA operates alongside maritime rules; the Crimes Act 1961; the Resource Management Act 1991 (“RMA”); anti-terrorism measures; health and safety legislation; employee rights; human rights; and international obligations.  This research paper analyses the NZ dimension in the context of this international discussion. This paper has four main aims:  1) To isolate the areas where industry participants believe there is a trend towards greater criminalisation;   2) To analyse legislative and policy developments in NZ, focusing on the MTA and earlier legislation;  3) Determine whether NZ is following the international trend towards increased criminalisation of seafarers; and  4) Highlight infamous cases giving rise to liability in this area and hypothetically applies them to the NZ context.  The bulk of this paper focuses on the second aim above: Part IV identifies five areas of criminal responsibility. Every maritime offence and crime in NZ legislation has been examined.² Part V is a forecasting exercise where I apply the facts of four international cases into the NZ framework and examine a ‘worse case’ scenario.  This paper focuses on offences applicable only to seafarers (including masters) of merchant ships, in the course of their professional duties. There are sundry offences in NZ law which apply to “every person” but this paper only examines these in the context of seafarers’ professional duties. For example, offences under the recent legislation to combat piracy and terrorism through policing and border control – Maritime Crimes Act 1999 and Maritime Security Act 2004 – are outside the scope of this paper though both Acts are important pieces of legislation for NZ international obligations.³ I do not examine offences relating to harbour-masters; owners or employers of seafarers; warships or defence force members; port operators or facilities; pleasure craft; fishing boats; search and rescue operators; wrecks; nor marine structures and operations.⁴ Further, the paper does not look at the civil penalties for the same activities as examined in the criminal context, liability under the Maritime Insurance Act 1908, or the delegated authority of Maritime New Zealand (“MNZ”).⁵ This scope has been chosen due to the parallel international discussion and concerns with this subject.  ¹ International Transport Workers’ Federation “Out of sight, out of mind: Seafarers, Fishers and Human Rights” June 2006 at 29. Challengers assert is that the “criminalisation of accidental pollution may discourage feedback regarding incidents, failures, and even accidents and so inhibit their prevention” as well as the increasingly employment costs that such criminal sanctions trigger: see Kyriaki Mitroussi “Employment of seafarers in the EU context: Challenges and opportunities” (2008) 32 Marine Policy at 1047.  ² For ease of discussion, Part IV divides these areas into (1) health and safety offences (including pollution and hazardous cargo situations); (2) emergency situations, collisions or accidents; (3) employment rights and obligations; (4) financial and regulatory responsibilities; and (5) obligations involving the administration of justice.  ³ See International Convention for the Safety of Life at Sea 1184 UNTS 1185 (opened for signature 1 November 1974, entered into force 25 May 1980).  ⁴ See sections 31(4) and 71(1) of the Maritime Transport Act 1994 [hereinafter referred to as the “MTA”]; Maritime New Zealand v Page [2013] DCR 102; and Sellers v Maritime Safety (5 November 1998) CA104/98.  ⁵ See Part 25 of the MTA.</p>

scholarly journals Unholy Matrimony: Forced Marriage in New Zealand

2021 ◽  
Author(s):  
◽  
Priyanca Radhakrishnan
Keyword(s):  
New Zealand ◽  
Participatory Action ◽  
Forced Marriage ◽  
Cultural Issue ◽  
Subaltern Studies ◽  
Aotearoa New Zealand ◽  
Political Forces ◽  
Minority Discourse ◽  
International Obligations ◽  
Legislative Reforms

<p>This study explores the issue of forced and underage marriage in Aotearoa New Zealand. It documents the stories of survivors of actual and threatened forced marriage. It also records the survivors‟ analyses of their experiences and their recommendations for changes that may deter the practice in New Zealand. This study postulates that forced marriage is not a cultural issue per se, but a form of violence against women, shaped by socio-political forces and practised by some. It examines notions of „honour‟ and „shame‟ which are often inextricably linked to the issue of forced marriage. The study goes on to provide an overview of genderbased violence in Asia, Africa and the Middle East as well as diaspora communities internationally and in New Zealand. This research study is heavily influenced by GAD thought and by various epistemologies including postcolonial feminism, subaltern studies and participatory action research. As such, it emphasises self-reflexivity and focuses on „gender relations‟ than „women‟ as the category of analysis. The views and potential contributions of eleven stakeholder agency participants in terms of addressing the issue of forced marriage are also included in this study. The study also examines relevant existing New Zealand legislation in light of the country‟s international obligations regarding marriage. Specific recommendations on both social and legislative reforms are provided in an attempt to promote a collaborative, multi-sector response to address the issue from the perspectives of both intervention and prevention. In conclusion, this study, which is the first of its kind in New Zealand, hopes to shed light on an issue that is a human rights violation. It aims to promote action to deter the practice and to progress the rights of ethnic minority women in New Zealand without fuelling an anti-minority discourse. Finally, it attempts to fill a number of knowledge gaps in academic, policy and legislative literatures.</p>

scholarly journals Lunacy Legislation in New Zealand

1873 ◽  
Vol 18 (84) ◽  
pp. 498-521
Author(s):  
W. Lauder Lindsay
Keyword(s):  
Medical Journal ◽  
New Zealand ◽  
Present State ◽  
New South ◽  
New South Wales ◽  
Good News ◽  
Legislative Council ◽  
South Wales ◽  
British Colony ◽  
State Of Affairs

Some months ago, in an article on “Colonial Lunacy Boards,” [in the number of the “Edinburgh Medical Journal” for March, 1872,] I had occasion to announce that the New Zealand Government had put upon paper certain “Resolutions”1 regarding Lunacy-Reform in the Colony, including a proposal forthwith to appoint at least one Commissioner in Lunacy, who should act as adviser to Government in all Lunacy matters, as well as supervise all the Lunatic Asylums of the Colony. I expressed a fear that the intentions apparently embodied in the said resolutions were “too good news to be true,” and that they would prove but formal suggestions—to be laid upon the table of the House of Assembly, there to remain [shelved] for an indefinite period, just as similar proposals for Lunacy Reform have been treated in the sister colony of New South Wales. Unfortunately for the insane, and for the Lunatic Hospitals, of New Zealand, my surmises have proved to be only too correct —my fears only too well founded. By the August mail (1872) I received two letters from tne Honourable Dr. Buchanan, of Dunedin, Member of the Legislative Council, and mover of the Parliamentary Resolutions above referred to.2 That the proposals which these resolutions contained, have not yet been adopted, is certainly no fault of his; for of his hearty interest and honest intention in the matter there can be no question. In his letters he gives the following most unsatisfactory account of the present state of affairs in New Zealand in regard to Lunacy Progress or Reform—a state of affairs which I quite agree with him in considering discreditable and disgraceful to its reputation as a British Colony!

scholarly journals Third-party funding: The effect of the growing third-party funding industry in international arbitration on New Zealand

2021 ◽  
Author(s):  
◽  
Eva Boolieris
Keyword(s):  
New Zealand ◽  
The State ◽  
Third Party ◽  
International Arbitration ◽  
The Law ◽  
Partnership Agreement ◽  
Party Funding

<p>The quickly rising trend of third-party funding in international arbitration is an extremely novel and complex challenge for the international arbitration community. Third-party funding has a long history in the law of litigation funding but this new trend will require the international arbitration community to grapple with this concept in a new setting. As domestic countries have taken hugely varying approaches to third-party funding in a litigation context, the international arbitration community has a wealth of choice available to it in deciding how to approach this trend. There are many outstanding issues in this area and there is much speculation as to how these issues will be resolved. New Zealand will be affected by the choices that the international arbitration community makes in this regard when New Zealand engages in international arbitration. The possibility of the Trans-Pacific Partnership Agreement (TPPA) coming into force is also likely to exacerbate some of the effects of the choices made on the state of New Zealand in investor-state arbitration.</p>

scholarly journals Foreword: International Dispute Resolution in New Zealand

2015 ◽  
Vol 46 (4) ◽  
pp. 1175
Author(s):  
Petra Butler
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
International Arbitration ◽  
International Dispute ◽  
The World

This article is the foreword to this issue of the Victoria University of Wellington Law Review ('VUWLR') containing the New Zealand Law Foundation Dispute Resolution Fellowship Lectures from 2013 to 2015. International dispute resolution is central to New Zealand's future as a trading nation that has always looked to the wider world, and the yearly international dispute resolution week is now an established part of the yearly legal calendar. This issue of the VUWLR contains innovative and insightful discussions into the world of international arbitration.

scholarly journals Obstacles and Obligations: Wind Energy and Migratory Bird Protection in New Zealand

2021 ◽  
Author(s):  
◽  
Symone Krimowa
Keyword(s):  
New Zealand ◽  
Resource Management ◽  
Environmental Effects ◽  
Wind Farm ◽  
Migratory Birds ◽  
Bird Species ◽  
Wind Farms ◽  
Migratory Bird ◽  
International Obligations ◽  
Biodiversity Convention

<p>Wind farms create unique risks to birds because of the danger of the turbine blades, which can be up to 150 meters tall. Placement of wind farms in the wrong areas can have a detrimental impact on bird species. New Zealand’s commitment to renewable energy is shared with its obligations to protect biodiversity, which are reflected in the ratification of international conventions such as the Convention on Migratory Species and the Biodiversity Convention. Domestic legislation, such as the Resource Management Act 1991, seeks to enhance the development of alternative sources of energy with the intention of reducing the effects of climate change on the environment and conserving indigenous biodiversity. Migratory bird protection in the wind farm context in New Zealand relies upon environmental impact assessment under Schedule 4 of the Resource Management Act 1991. International obligations include protecting or endeavouring to protect 37 migratory bird species along their complete flight paths. The Resource Management Act 1991 does not meet international obligations to protect migratory birds in the wind farm consent process because (1) the assessment of environmental effects process fails to adequately identify effects on migratory birds; and (2) even if the assessment of environmental effects process adequately identifies effects on migratory birds, the RMA fails to give priority weight to effects on birds when it balances those effects with other factors in deciding to approve the wind farm application. Other countries provide guidance on the next steps for New Zealand to take to comply with its international obligations to migratory birds.</p>

scholarly journals A Window into the Soul of International Arbitration: Arbitrator Selection, Transparency and Stakeholder Interests

2015 ◽  
Vol 46 (4) ◽  
pp. 1179
Author(s):  
Catherine Rogers
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
International Arbitration ◽  
Stakeholder Interests ◽  
International Dispute ◽  
Lecture Theatre ◽  
Selection And Appointment

New Zealand Law Foundation International Dispute Resolution Lecture 2013, delivered at Stone Lecture Theatre, University of Auckland Faculty of Law, 26 November 2013. This essay derives from that lecture, which considers the important issue of arbitrator selection, appointment and challenge standards and procedures, and introduces the Arbitrator Intelligence project – a proposed solution for informational asymmetries that can affect the fairness of arbitrator selection and appointment.

Part I Mapping the Terrain, 4 Experts, Partisans, and Hired Guns

2014 ◽  
Author(s):  
Rogers Catherine A
Keyword(s):  
Legal System ◽  
Expert Witnesses ◽  
International Arbitration ◽  
Rules Of Evidence ◽  
Bar Association ◽  
Ethical Obligations

This chapter discusses the role of expert witnesses in international arbitration, as well as the responsibilities of that role. The roles, functions, and ethical obligations of expert witnesses are still tentatively defined within the realm of international arbitration, but there have been some important regulations and procedures imposed already — the International Bar Association (IBA) Rules of Evidence, for example. This is a significant attempt in regulating the conduct of experts, as well as in laying down the distinctions between party-selected and party-anointed experts, among other innovations. But of course, the legal system employed within the sphere of international arbitration will continue to change in response to unforeseen flaws in entrenched practice — as will be the case for expert witnessing. Perhaps, in order to address one of the possible abuses of the latter, ethical reforms might also be applied to the structure of roles in the courtroom.

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