scholarly journals Immunisation and the law : slippery slope to a healthy society

2021 ◽  
Author(s):  
◽  
Jessica Dorothy Kerr
Keyword(s):  
New Zealand ◽  
Public Health Intervention ◽  
Individual Choice ◽  
Policy Makers ◽  
Population Immunity ◽  
Point Of Entry ◽  
Decision Making Capacity ◽  
Opt Out ◽  
Parental Autonomy ◽  
Coverage Rates

<p>The immunisation of children against communicable diseases is a crucial public health intervention with both individual and collective outcomes. Current New Zealand immunisation policy prioritises parental autonomy, but has not succeeded in actively targeting all of the factors that prevent parents from ever making informed immunisation decisions. Consequently, our coverage rates are unsatisfactory both in absolute (by reference to the goal of 'population immunity') and relative terms. In order to have a realistic chance of meeting the Ministry of Health's optimistic coverage targets, it is necessary to consider whether New Zealand's comparatively weak immunisation law could be strengthened to eliminate the phenomenon of 'passive' non-immunisation without fatally undermining the decision-making capacity of parents. If this is not possible, then either the goal of population immunity or the prioritisation of individual choice must be abandoned. Of the three options for law reform explored by this paper, two are thought to be unworkable because they would, or should, be perceived as failing to achieve the delicate balance between individual freedom and public good. These are, first, a universal mandatory immunisation requirement, which may be justifiable in principle but would almost certainly encounter prohibitive public opposition; and, secondly, a targeted law that would require beneficiaries to make active decisions about immunisation, and (it is submitted) represents an unwarranted misuse of the vulnerability of those dependent upon taxpayer support. The reform option recommended is more moderate and more equitable. Creating a legal presumption in favour of immunisation, at the point of entry into primary school, would shift New Zealand from its current paradigm of 'informed consent' - whereby parents must actively opt in to immunisation - to a United States-style model that required parents who wished to opt out of immunisation to undergo a 'informed refusal' process. The stringency of this process would depend upon the degree to which policy-makers were satisfied that only those parents whose deeply held convictions prevented them from being open to persuasion were attempting to invoke it. Unless the size of the anti-immunisation lobby significantly increases, it is suggested that an informed refusal requirement could successfully tackle the problem of passive non-immunisation, thereby discharging the State's responsibility to further the interest of all New Zealanders in achieving and maintaining population immunity levels.</p>

scholarly journals Immunisation and the law : slippery slope to a healthy society

2021 ◽  
Author(s):  
◽  
Jessica Dorothy Kerr
Keyword(s):  
New Zealand ◽  
Public Health Intervention ◽  
Individual Choice ◽  
Policy Makers ◽  
Population Immunity ◽  
Point Of Entry ◽  
Decision Making Capacity ◽  
Opt Out ◽  
Parental Autonomy ◽  
Coverage Rates

<p>The immunisation of children against communicable diseases is a crucial public health intervention with both individual and collective outcomes. Current New Zealand immunisation policy prioritises parental autonomy, but has not succeeded in actively targeting all of the factors that prevent parents from ever making informed immunisation decisions. Consequently, our coverage rates are unsatisfactory both in absolute (by reference to the goal of 'population immunity') and relative terms. In order to have a realistic chance of meeting the Ministry of Health's optimistic coverage targets, it is necessary to consider whether New Zealand's comparatively weak immunisation law could be strengthened to eliminate the phenomenon of 'passive' non-immunisation without fatally undermining the decision-making capacity of parents. If this is not possible, then either the goal of population immunity or the prioritisation of individual choice must be abandoned. Of the three options for law reform explored by this paper, two are thought to be unworkable because they would, or should, be perceived as failing to achieve the delicate balance between individual freedom and public good. These are, first, a universal mandatory immunisation requirement, which may be justifiable in principle but would almost certainly encounter prohibitive public opposition; and, secondly, a targeted law that would require beneficiaries to make active decisions about immunisation, and (it is submitted) represents an unwarranted misuse of the vulnerability of those dependent upon taxpayer support. The reform option recommended is more moderate and more equitable. Creating a legal presumption in favour of immunisation, at the point of entry into primary school, would shift New Zealand from its current paradigm of 'informed consent' - whereby parents must actively opt in to immunisation - to a United States-style model that required parents who wished to opt out of immunisation to undergo a 'informed refusal' process. The stringency of this process would depend upon the degree to which policy-makers were satisfied that only those parents whose deeply held convictions prevented them from being open to persuasion were attempting to invoke it. Unless the size of the anti-immunisation lobby significantly increases, it is suggested that an informed refusal requirement could successfully tackle the problem of passive non-immunisation, thereby discharging the State's responsibility to further the interest of all New Zealanders in achieving and maintaining population immunity levels.</p>

scholarly journals Immunisation and the Law: Slippery Slope to a Healthy Society

2006 ◽  
Vol 37 (1) ◽  
pp. 93 ◽  
Author(s):  
Jessica Kerr
Keyword(s):  
Public Health Intervention ◽  
Informed Choice ◽  
Parental Choice ◽  
School Entry ◽  
Policy Makers ◽  
Population Immunity ◽  
Parental Autonomy ◽  
Coverage Rates ◽  
Immunisation Policy ◽  
Public Opposition

The immunisation of children against communicable diseases is a crucial public health intervention. Yet the understandable prioritisation of parental autonomy within New Zealand immunisation policy has contributed to consistently unsatisfactory coverage rates, in both absolute and comparative terms. If our immunisation law could be strengthened to eliminate ‘passive’ non-immunisation without fatally undermining parental choice, the goals of ‘population immunity’ might be achievable. Of the three reform options explored by this paper, two are rejected as unworkable. The first, a universal mandatory immunisation requirement, might be justifiable in principle but would encounter prohibitive public opposition. The second, an ‘informed choice’ requirement limited to beneficiaries, is unprincipled and potentially ineffective. The recommended option is more moderate and equitable. Creating a presumption in favour of immunisation at the point of school-entry would shift the legal focus from ‘informed consent’ to United States-style ‘informed refusal’. The degree of effort required to invoke a statutory exemption to immunisation would depend upon the extent to which policy-makers were satisfied that only parents implacably and legitimately opposed to immunisation were invoking it. Barring a dramatic increase in the size of the anti-immunisation lobby, it is suggested that an informed refusal requirement could successfully eliminate passive non-immunisation, thereby potentially achieving population immunity while substantially preserving parental autonomy.

The battle over employers’ demand for “more flexibility”

2016 ◽  
Vol 38 (6) ◽  
pp. 886-906 ◽  
Author(s):  
Erling Rasmussen ◽  
Barry Foster ◽  
Deirdre Farr
Keyword(s):  
New Zealand ◽  
Survey Design ◽  
Postal Questionnaire ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Policy Makers ◽  
Content Type ◽  
Employer Attitudes ◽  
Legislative Changes ◽  
Employment Legislation

Purpose The purpose of this paper is to place empirical research on New Zealand employers’ attitudes to collective bargaining and legislative change within the context of the long running debate of flexibility. Design/methodology/approach A cross-sectional survey design using a self-administered postal questionnaire, covering private sector employers with ten or more staff and including employers within all 17 standard industry classification. To explore particular issues, an additional in-depth interviews were conducted of 25 employers participating in the survey. Findings It is found that employers support overwhelmingly recent legislative changes though there are variations across industries and firm sizes. There is also considerable variation in terms of which legislative changes are applied in the workplace. Despite fewer constraints on employer-determined flexibility, there was a rather puzzling finding that most employers still think that employment legislation is even balanced or favouring employees. Originality/value Cross-sectional survey findings of New Zealand employer attitudes to legislative changes are few and provide valuable data for policy makers, unions, employers and employment relations researchers. The paper also contributes to a more comprehensive understanding of pressures to increase employer-determined flexibility in many western countries.

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
Keyword(s):  
New Zealand ◽  
Law Reform ◽  
Coherent System ◽  
Private Law ◽  
Compensation Scheme ◽  
Critical Perspective ◽  
Policy Makers ◽  
Party Autonomy ◽  
Accident Compensation

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.

scholarly journals "Settling Some Very Important Principles of Colonial Law": Three "Forgotten" Cases of the 1840's

2004 ◽  
Vol 35 (1) ◽  
pp. 1 ◽  
Author(s):  
Mark Hickford
Keyword(s):  
New Zealand ◽  
Attorney General ◽  
Policy Makers ◽  
Chief Justice ◽  
Local Ordinances ◽  
Colonial Government

This article reintroduces the "forgotten" cases of R v Taylor, Attorney-General v Whitaker and Scott v Grace and considers their specific historical contexts. They raise controversial questions about the extent of the New Zealand governor's ability to grant lands outside of the provisions of local ordinances and imperial statutes by using the prerogative. The article notes the flow-on effects of the policy lacuna created by these judgments. The judgments of Justice Chapman and Chief Justice Martin caused considerable unease on the part of the colonial government and policy-makers in London as well as some New Zealand Company operatives. This in turn led to the subsequent legislative and policy efforts to qualify the reach of prerogative powers in colonies. The text of the cases is appended to this article.

scholarly journals Effect of increasing voluntary folic acid food fortification on dietary folate intakes and adequacy of reproductive-age women in New Zealand

2013 ◽  
Vol 17 (7) ◽  
pp. 1447-1453 ◽  
Author(s):  
Sophie E Evans ◽  
Vanessa L Mygind ◽  
Meredith C Peddie ◽  
Jody C Miller ◽  
Lisa A Houghton
Keyword(s):  
Folic Acid ◽  
New Zealand ◽  
Public Health Intervention ◽  
Food Composition ◽  
Reproductive Age ◽  
Folate Intake ◽  
Cross Sectional ◽  
Dietary Folate ◽  
Reproductive Age Women ◽  
The Impact

AbstractObjectiveMandatory folic acid fortification of breads in New Zealand was put on hold in 2009. At this time, bread manufacturers were requested to adopt greater voluntary fortification and agreed to add folic acid to approximately one-third of their bread range. We sought to evaluate the impact of increased voluntary fortification of bread and the proposed mandatory fortification programme on folate intake adequacy of reproductive-age women.DesignCross-sectional study conducted in 2008. Dietary data were collected using 3 d weighed food records and usual folate intakes were generated by modifying the food composition table as follows: (i) voluntary fortification of bread as of 2008 (six breads); (ii) increased voluntary fortification of bread as of 2011 (thirty-four breads); and (iii) mandatory fortification of all breads. The prevalence of inadequate folate intake was calculated for all three scenarios using the Estimated Average Requirement (320 μg dietary folate equivalents/d) cut-point method.SettingNew Zealand.SubjectsHealthy non-pregnant women (n 125) aged 18–40 years.ResultsUsual folate intake in 2008 was 362 μg dietary folate equivalents/d. Increased voluntary bread fortification led to a marginal increase in folate intakes (394 μg dietary folate equivalents/d) and a decline in inadequacy from 37 % to 29 %. Mandatory fortification resulted in an increase of 89 μg folic acid/d, which substantially shifted both the proportion of women with folic acid intakes above 100 μg/d and the distribution of overall folate intakes, producing a marked reduction in inadequacy to 5 %.ConclusionsIncreased voluntary bread fortification efforts are far inferior to mandatory fortification as a reliable public health intervention.

Advances in Reintroduction Biology of Australian and New Zealand Fauna

2015 ◽  
Keyword(s):  
New Zealand ◽  
Management Strategy ◽  
Conservation Management ◽  
Future Directions ◽  
Policy Makers ◽  
New Science ◽  
Regulatory Frameworks ◽  
Timely Review ◽  
Emerging Themes ◽  
Effective Conservation

The publication of Reintroduction Biology of Australian and New Zealand Fauna nearly 20 years ago introduced the new science of ‘reintroduction biology’. Since then, there have been vast changes in our understanding of the process of reintroductions and other conservation-driven translocations, and corresponding changes in regulatory frameworks governing translocations. Advances in Reintroduction Biology of Australian and New Zealand Fauna is a timely review of our understanding of translocation from an Australasian perspective, ensuring translocation becomes an increasingly effective conservation management strategy in the future. Written by experts, including reintroduction practitioners, researchers and policy makers, the book includes extensive practical advice and example case studies, identifies emerging themes and suggests future directions. Conservation practitioners and researchers, as well as conservation management agencies and NGOs will find the book a valuable resource. Although it is based on Australasian examples, it will be of interest globally due to synergies with reintroduction programs throughout the world. 2015 Whitley Awards Certificate of Commendation for Conservation Biology.

Targeting for Growth: A Critical Examination

2012 ◽  
Vol 13 (1) ◽  
pp. 45-55 ◽  
Author(s):  
David Smallbone ◽  
Claire Massey
Keyword(s):  
New Zealand ◽  
Empirical Analysis ◽  
High Growth ◽  
Critical Examination ◽  
Policy Makers ◽  
Self Selection ◽  
Growth Firms ◽  
Profile Characteristics ◽  
And Training

The targeting debate has been around for more than 20 years, and yet we are still discussing how best to identify high-growth SMEs. Following a discussion of targeting issues and a review of some of the key literature on SME growth, the paper focuses on an empirical analysis of the performance of a panel of SMEs in New Zealand over a three-year period. The results show that, even when growth occurs in SMEs, it is typically discontinuous. In addition, most of the easily verifiable profile characteristics that are often used for targeting, such as size, sector, age, whether or not the firm is exporting and/or innovating, did not consistently distinguish growth firms from others. Possible conclusions are that policy makers need more effective long-term assessment of government programmes and/or that the heterogeneity of those enterprises able to achieve growth points towards the principle of self-selection. However, the authors suggest a more radical response based on investing more in education and training and aiming to make more explicit the implications of actions and non-actions by entrepreneurs with regard to growth.

scholarly journals Underestimating Lifespans? Why Longevity Risk Exists in Retirement Planning and Superannuation Policy

2021 ◽  
Author(s):  
◽  
Alison O'Connell
Keyword(s):  
New Zealand ◽  
Life Expectancy ◽  
Public Discourse ◽  
Developed Countries ◽  
Public Pension ◽  
Longevity Risk ◽  
Pension Policy ◽  
Mortality Trends ◽  
Policy Makers ◽  
New Zealanders

<p>The pace of increasing life expectancy in recent decades came as a surprise to demographers, as mortality rates unexpectedly improved at the oldest ages in developed countries. The most common policy response, although one not yet planned for New Zealand, is to increase eligibility age for the public pension. Given the complexity and uncertainty of processes driving mortality improvement, future lifespans cannot be known. However, it is questionable whether policy makers and individuals understand the extent of past and likely future lifespan increase. Available evidence suggests individuals tend to underestimate how long they may live. Population mortality forecasts are generally conservative and poorly explain longevity uncertainties. Longevity risk - the possibility that future lifespans will be longer than anticipated - threatens individuals' pre-retirement financial planning and public pension policy. This thesis examines the extent of longevity risk, its causes, significance and remedies, in these two domains, for New Zealand. The theoretical existence of longevity risk has been acknowledged, but has not been subject to critical analysis in New Zealand or elsewhere. Here, a unique generalisable methodology exploiting insights available from international mortality comparisons is designed, combining actuarial and demographic theory. After assessing the flaws in the time-dependent or period approach to measurement of life expectancy that are known in theory but underexplored in practice, the method emphasises the lifecourse or cohort approach. The three factors that determine longevity risk - plausible population lifespan prospects, the lifespan assumptions used by policy makers and individuals' subjective lifespan expectations - are identified and the relationships between them analysed for New Zealand. An interpretation of the consistency of New Zealand's past mortality trends and future projections with those of other British settler countries, supplemented by a review of the consequences of mortality variance within New Zealand, shows that plausible lifespans in New Zealand are likely to be higher than those in the official projections on which policy makers rely. The first survey to ask how long New Zealanders think they will live shows that collectively, New Zealanders are more likely to underestimate future lifespan than not, based on a variety of beliefs about mortality that are not consistent with the evidence on increasing lifespans. Longevity risk from underestimation of future lifespans is revealed in New Zealand policy making and in individual New Zealanders' retirement plans. The most likely cause is the repeated misuse of life expectancy indicators in an environment lacking public discourse about increasing longevity. A remedy would be switching from using flawed period life expectancy indicators to using cohort life expectancy or modal age at death. Using plausible estimates for future lifespans based on more optimistic estimates than the official projections most often referenced would be important but mitigate longevity risk to a lesser extent. A more extensive public debate than has been held so far about eligibility age for New Zealand's public pension would itself, if using appropriate indicators for future lifespans, provide an opportunity to address longevity risk.</p>

Sign in / Sign up

Export Citation Format

Share Document