scholarly journals Judicial recusal in New Zealand: Looking to procedure as the principled way forward

2021 ◽  
Author(s):  
◽  
Mudalige Chamika Gajanayaka
Keyword(s):  
New Zealand ◽  
Conflicts Of Interest ◽  
Self Regulation ◽  
Status Quo ◽  
Civil Litigation ◽  
Process Theory ◽  
The Status ◽  
Procedural Safeguards

<p>The well-documented Wool Board Disestablishment Co v Saxmere Co litigation thrust the often dormant issue of conflicts of interest between a judge and a litigant into the limelight. Now that the dust has settled on the controversy that culminated in Wilson J's resignation, it is pertinent to question the status quo and investigate the potential cause of the events and, more importantly, whether measures need to be taken to prevent another such occurrence.  This paper takes a principled approach to analysing judicial recusal law in New Zealand, with a particular focus on procedure. In doing so, a mismatch between process theory and the reality of haphazard self-regulation highlights the procedural shortcomings of the current recusal paradigm. To remedy this, the author applies aspects of process theory to reform judicial recusal procedure and bring it in line with general civil litigation practice. The proposed reform instils some fundamental practices that are presently absent in recusal procedure. To contextualise the paper's findings, the author revisits the Saxmere saga to first posit that a lack of procedural safeguards may have contributed to the saga and two, to suggest that had the procedural safeguards proposed by this paper been in place, the controversy could have been mitigated, if not avoided.</p>

scholarly journals Judicial Recusal in New Zealand: Looking to Procedure as the Principled

2015 ◽  
Vol 46 (2) ◽  
pp. 415
Author(s):  
Chamika Gajanayaka
Keyword(s):  
New Zealand ◽  
Conflicts Of Interest ◽  
Self Regulation ◽  
Status Quo ◽  
Civil Litigation ◽  
Process Theory ◽  
The Status ◽  
Procedural Safeguards

The well-documented Wool Board Disestablishment Co v Saxmere Co litigation thrust the often dormant issue of conflicts of interest between a judge and a litigant into the limelight. Now that the dust has settled on the controversy that culminated in Wilson J's resignation, it is pertinent to question the status quo and investigate the potential cause of these events. More importantly, it is critical to consider whether measures need to be taken to prevent, or at least to reduce the likelihood of, another such occurrence.This article takes a principled approach to analysing judicial recusal law in New Zealand, with a particular focus on procedure. In doing so, a mismatch between process theory and the reality of haphazard self-regulation highlights the procedural shortcomings of the current judicial recusal paradigm. To remedy this, the author applies aspects of process theory to reform judicial recusal procedure and bring it in line with general civil litigation practice. The proposed reform instils some fundamental practices that are presently absent in recusal procedure. To contextualise the article's findings, the author revisits the Saxmere saga first to posit that a lack of procedural safeguards may have contributed to the saga and secondly, to suggest that, had the procedural safeguards proposed by this article been in place, the controversy could have been mitigated, if not avoided.

scholarly journals Judicial recusal in New Zealand: Looking to procedure as the principled way forward

2021 ◽  
Author(s):  
◽  
Mudalige Chamika Gajanayaka
Keyword(s):  
New Zealand ◽  
Conflicts Of Interest ◽  
Self Regulation ◽  
Status Quo ◽  
Civil Litigation ◽  
Process Theory ◽  
The Status ◽  
Procedural Safeguards

<p>The well-documented Wool Board Disestablishment Co v Saxmere Co litigation thrust the often dormant issue of conflicts of interest between a judge and a litigant into the limelight. Now that the dust has settled on the controversy that culminated in Wilson J's resignation, it is pertinent to question the status quo and investigate the potential cause of the events and, more importantly, whether measures need to be taken to prevent another such occurrence.  This paper takes a principled approach to analysing judicial recusal law in New Zealand, with a particular focus on procedure. In doing so, a mismatch between process theory and the reality of haphazard self-regulation highlights the procedural shortcomings of the current recusal paradigm. To remedy this, the author applies aspects of process theory to reform judicial recusal procedure and bring it in line with general civil litigation practice. The proposed reform instils some fundamental practices that are presently absent in recusal procedure. To contextualise the paper's findings, the author revisits the Saxmere saga to first posit that a lack of procedural safeguards may have contributed to the saga and two, to suggest that had the procedural safeguards proposed by this paper been in place, the controversy could have been mitigated, if not avoided.</p>

‘The status quo is not an option’: Community impacts of school closure in South Taranaki, New Zealand

2009 ◽  
Vol 25 (1) ◽  
pp. 131-140 ◽  
Author(s):  
Robin A. Kearns ◽  
Nicolas Lewis ◽  
Tim McCreanor ◽  
Karen Witten
Keyword(s):  
New Zealand ◽  
Status Quo ◽  
School Closure ◽  
The Status ◽  
Community Impacts

Nuclear Brinkmanship with Two-Sided Incomplete Information

1988 ◽  
Vol 82 (1) ◽  
pp. 155-178 ◽  
Author(s):  
Robert Powell
Keyword(s):  
Incomplete Information ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Status Quo ◽  
The State ◽  
Expected Payoff ◽  
Sequential Bargaining ◽  
The Status

A brinkmanship crisis with two-sided incomplete information is modeled as a game of sequential bargaining in which each state is uncertain of its adversary's resolve. The sequential crisis equilibria are characterized explicitly and used to analyze the influences of resolve, misperception, and the status quo on escalation and crisis stability. The description of brinkmanship as a contest of resolve is found to be misleading: the state with the greatest resolve may not prevail in the crisis; a state may be less, not more, likely to prevail the greater its resolve; and a states' expected payoff may be less, not more, the greater its resolve. Moreover, reducing misperception may destabilize a crisis. Surprisingly, increasing the stake a potential challenger has in the status quo may not make a challenge less likely. Finally, crises involving severe conflicts of interest are shown to be less likely than crises not entailing a severe conflict of interest.

scholarly journals A Clean, Green New Zealand? An In-Depth Look at the Personal Experiences of Animal Rights Activists

2018 ◽  
Author(s):  
Svetlana Feigin ◽  
Richard Glynn Owens ◽  
Felicity Goodyear-Smith
Keyword(s):  
New Zealand ◽  
Moral Philosophy ◽  
Animal Rights ◽  
Qualitative Methodology ◽  
Group Membership ◽  
Status Quo ◽  
Personal Experiences ◽  
The World ◽  
The Status ◽  
Insight Into

This study explored personal experiences of animal rights and environmental activists in New Zealand. The stories of participants provided insight into the challenges activists face in a country where the economy is heavily dependent on animal agriculture. A qualitative methodology was utilised and several major themes emerged: (1) emotional and psychological experiences, (2) group membership, (3) characteristics of activism and liberation, (4) the law and its agents, and (5) challenge to society. Participants of the study represent a group of individuals engaged in acts of altruistic offending triggered by exposure to the suffering of non-human animals. Their moral philosophy and conscience overrode all considerations for legal repercussions, and through their activism they not only challenged the status quo, but also called upon non-activist members of society to make meaningful contributions to the world around them.

Time to agree on a conservation benchmark for Australia.

2012 ◽  
Vol 18 (2) ◽  
pp. 69 ◽  
Author(s):  
Matt W Hayward
Keyword(s):  
South Africa ◽  
New Zealand ◽  
National Park ◽  
Fire Management ◽  
Conservation Management ◽  
Status Quo ◽  
Use Case ◽  
Inadequate Knowledge ◽  
Sydney Harbour ◽  
The Status

WELL defined goals are critical to successfully achieve outcomes and monitor the success of achieving them, yet conservation agencies rarely explicitly state the goals of their management activities with appropriate metrics. Here I use case studies on the conflicting conservation management focus of the Sydney Harbour National Park at North Head, the legislative impediments of bridled nailtail wallaby conservation management, the planning for broadscale habitat connectivity programmes such as Habitat 141, fire management for the conservation of the quokka and the broader Kimberley landscape, and mesopredator suppression using dingoes to highlight the problems with inappropriate conservation benchmarks. I compare these issues with activities from South Africa, India, New Zealand and Poland to illustrate the benchmarks other nations have. I conclude that Australia urgently needs an explicit conservation benchmark upon which to aim our conservation efforts and excuses of inadequate knowledge can no longer be accepted for maintaining the status quo.

scholarly journals Teaching and the Phonics Debate: What Can We Learn?

2001 ◽  
Author(s):  
Brian Thompson
Keyword(s):  
New Zealand ◽  
Teaching Practices ◽  
Status Quo ◽  
Teaching Reading ◽  
Teaching Culture ◽  
The Status ◽  
Teaching Cultures

There is debate about whether New Zealand practices for teaching reading should include “more phonics”. With the focus on the first two years of school instruction, the status quo of receptive phonics and the teaching culture in which it is embedded are described and compared with the productive phonics practices of other teaching cultures. The response of New Zealand children to this practice is relatively faster reading procedures. However, there is much that remains to be learnt to sharpen New Zealand receptive phonics teaching practices to meet the successive developmental purposes of phonics; and also to reduce repetitive teaching rituals, as in practices to prompt for meaning.

scholarly journals Property Rights in Space

2014 ◽  
Vol 2 (1) ◽  
pp. 123-146
Author(s):  
David Sarnacki
Keyword(s):  
Property Rights ◽  
Deep Sea ◽  
Conflicts Of Interest ◽  
Outer Space ◽  
Status Quo ◽  
The Moon ◽  
Modern View ◽  
The Status ◽  
History Of ◽  
Outer Space Treaty

This Note will discuss why maintaining the status quo, while waiting for the technology to mature, will encourage development and strengthen the industry before being smothered by laws and regulations promulgated by parties who may have conflicts of interest. This Note will first explain why scientists are attempting to mine asteroids. It will then examine the rules that apply, including the two main space treaties (the Outer Space Treaty and the Moon Treaty), the modern view of the court, and the history of deep-sea mining. Finally, this Note will apply the treaties to modern plans being developed to harvest an asteroid.

scholarly journals Pandemic Elections and the Covid-Safe Effect: Incumbents Re-elected in Six Covid-19 Safe Havens

2021 ◽  
Vol 12 (1(S)) ◽  
pp. 17-24
Author(s):  
John Paull
Keyword(s):  
New Zealand ◽  
Northern Territory ◽  
Status Quo ◽  
Hand Washing ◽  
Contact Tracing ◽  
National State ◽  
Social Distancing ◽  
Pests And Diseases ◽  
The Status ◽  
Western Australian

The Antipodes have been amongst the safest places on the planet during the Covid-19 pandemic. The governments of Australia and New Zealand (national, state, and territory governments) have acted promptly, decisively, and cohesively in closing borders, quarantining incoming returnees, instigating rigorous contact tracing and extensive testing, social distancing, hand washing, masks, and occasional lockdowns. Antipodean governments and populations have long experience of awareness and compliance with biosecurity issues. Isolation and distance have long served to keep Australia and New Zealand free of many pests and diseases. Each Antipodean election held during the Covid-19 pandemic has returned the incumbent. During the first 14 months of the pandemic, six out of six incumbent governments facing elections during the Covid pandemic have been returned. Five returned incumbents were center-left while the sixth was center-right. Four of the elections have rewarded the incumbent government with an increased majority, the Northern Territory election returned a reduced majority, and the Tasmanian election returned the status quo with the narrowest of majorities maintained. The New Zealand election returned the Labor government to power in their own right and released them from the coalition. The Western Australian election saw Labor returned with a landslide result with an unprecedented, win of 53 out of 59 seats (90% of seats). The object of the present paper is to report the outcomes of the six antipodean elections conducted during the Covid-19 pandemic (to date) and to reflect on the Covid-safe effect on them if any.

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