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1

Birdling, Malcolm David. "Correction of miscarriages of justice in New Zealand and England." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:2dae4513-4fd2-40cd-bb6a-dbba696d6d7f.

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This thesis sets out to provide a deep analysis of the mechanisms for review of convictions in New Zealand and England after initial appeal rights are exhausted, and to identify the key areas of similarity and difference between these systems, the reasons for these differences, and their implications. The appeal systems in each jurisdiction are briefly examined, alongside the pressures and restrictions on their functioning. Particular attention is paid to the options for appeal out of time, and for revisiting appeal decisions if new material comes to light. The main discussion is of the specia
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2

Scott, David John 1946. "The Currie Commission and Report on Education in New Zealand 1960-1962." Thesis, University of Auckland, 1996. http://hdl.handle.net/2292/2283.

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This thesis investigates and analyses the Report of the Commission on Education in New Zealand,1962, also known as the 'Currie Report', paying particular attention to the policy process surrounding the written and oral submissions. Views expressed during the submissions and their ideological basis are related to wider power relationships within society. The submissions emanating from outside the Department of Education are revisited as well as the departmental submissions to establish whether there are any grounds to challenge the consensual, liberal interpretations that have been attached to
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Kontour, Kyle, and n/a. "Making culture or making culture possible : notions of biculturalism in New Zealand 1980s cinema and the role of the New Zealand Film Commission." University of Otago. Department of Communication Studies, 2002. http://adt.otago.ac.nz./public/adt-NZDU20070508.140943.

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In the 1970s and 1980s New Zealand experienced significant socio-economic upheaval due in part to the global economy, economic experiments, and the gains of Maori activism. Despite the divisiveness of this period (or possibly because of it), anxieties over notions of New Zealand national identity were heightened. There was a general feeling among many Kiwis that New Zealand culture (however it was defined) was in danger of extinction, mostly due to the dominant influences of the United states and Britain. New Zealanders sought ways to distinguish themselves and their nation. One of the ways in
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4

Fleming, M. W. A. "Price discrimination law : developing a policy for New Zealand." Thesis, University of Canterbury. Accounting and Information Systems, 1985. http://hdl.handle.net/10092/2736.

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The purpose of this thesis is to develop a policy towards anticompetitive price discrimination in New Zealand. Price discrimination occurs where the ratio of price to cost in two sales differs. Legislation against price discrimination may be enacted as part of our Competition Law, a set of laws designed to promote efficiency and competition in industry and commerce. The first section of this thesis examines the economics of price discrimination and its effects on efficiency, income distribution and competition. We conclude that the effects are ambiguous and depend upon the circumstances in whi
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5

Schofield, Simon anthony. "The law of climate change mitigation in New Zealand." Thesis, University of Canterbury. Law, 2012. http://hdl.handle.net/10092/10347.

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As the world strives to reduce greenhouse gas emissions to mitigate climate change, the law has a crucial role to play in supporting mitigation solutions. Starting with the common law's potential for the development of a climate change tort in New Zealand, this thesis analyses the applicability of New Zealand's environmental land use planning law before turning to how an New Zealand emissions unit under the Climate Change Response Act 2002 will work in theory and practice to reduce greenhouse gas emissions. This thesis argues that the operation of corporations to drive these reductions as well
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6

McHugh, Paul Gerard. "The aboriginal rights of the New Zealand Maori at common law." Thesis, University of Cambridge, 1988. https://www.repository.cam.ac.uk/handle/1810/244948.

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In 1840 the indigenous Maori tribes of New Zealand ceded the sovereignty of New Zealand to the British Crown in return for the protection of the chiefs' rangatiratanga (internal government of the tribe) and the tribes' lands, forests, and fisheries. This agreement is known as the Treaty of Waitangi. This thesis considers the extent to which the common law of England recognised the rights embodied in the Treaty of Waitangi upon the Crown's assumption of the territorial sovereignty over New Zealand. Since the principles of the common law developed in an organic manner through the history of Brit
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7

Moorman, David Guy. "Vertical restraints in the distribution process under New Zealand competition law." Thesis, University of British Columbia, 1989. http://hdl.handle.net/2429/27353.

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The law relating to vertical restraints in the distribution process has sparked probably more controversy than any other area of competition law over the last 20 years. The debate has been fought out most fiercely between economists of various ideological schools invoking arguments of the importance of economic efficiency versus the need to protect small businesses and the freedom of sellers to choose their own methods of distribution. This has generated an extensive body of literature particularly in the United States. Surprisingly little however has been written in Australia or New Zealand o
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8

Bayley, John Edward. "A Doctrine of Good Faith in New Zealand Contractual Relationships." University of Canterbury. Law, 2009. http://hdl.handle.net/10092/2862.

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The majority of established legal systems are predisposed to the express recognition of good faith in contract. The apparent pressure for harmonisation of contract law arising from globalisation and political union will necessitate the Anglo-Commonwealth common law countries addressing their historical resistance to the observance of a general obligation of good faith. Accordingly this thesis appraises whether there is a requirement for a universal doctrine of good faith in New Zealand contractual relationships. The manuscript focuses on a prospective common law doctrine operating primarily as
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9

Booth, Kay Lenore, and n/a. "Rights of public access for outdoor recreation in New Zealand." University of Otago. Department of Tourism, 2006. http://adt.otago.ac.nz./public/adt-NZDU20070208.142035.

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This thesis explores the nature of public access rights for outdoor recreation in New Zealand. It aims to improve understanding of these rights by examining the New Zealand public policy framework for public access, the social constructions of access rights and the interaction of these dimensions via analysis of two contemporary New Zealand access issues: the foreshore access debate and the state-sponsored Land Access Review. An institutional arrangements framework forms the study�s conceptual basis and is critiqued for its value in the examination of rights of public access. Multiple qualitat
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10

Brown, Hayley Marina. "'A Woman's Right to Choose': Second Wave Feminist Advocacy of Abortion Law Reform in New Zealand and New South Wales from the 1970s." Thesis, University of Canterbury. History, 2004. http://hdl.handle.net/10092/948.

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This thesis interrogates the abortion debate in New Zealand and New South Wales over the period 1970 to the present from a feminist perspective. The arguments of this thesis are five fold. First, it argues that abortion was the central issue for second wave feminists in the 1970s because they believed that until women had complete control over their bodies any other gains made by the movement would be of little significance. Second, feminists who did not support abortion law reform left the mainstream movement and set up their own groups because that movement was not prepared to tolerate a div
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Ng, Mei Lin, and n/a. "In Search of the 'Golden Thread': Common Law Interactions With Indigenous Law in Canada, Australia and New Zealand." Griffith University. Griffith Law School, 2006. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20070314.163150.

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The thesis explores the interactions of the common law with indigenous law in three jurisdictions: Australia, New Zealand and Canada. Case law involving family, criminal and land law is examined in detail, to establish how the common law has interacted with indigenous law. Two aspects of common law interactions are explored: judicial approaches to the recognition of indigenous law; and, judicial perceptions about the relationship between the common law and indigenous law. Courts faced with indigenous law have taken one of three approaches to recognising it. These are respectively referred t
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Ng, Mei Lin. "In Search of the 'Golden Thread': Common Law Interactions With Indigenous Law in Canada, Australia and New Zealand." Thesis, Griffith University, 2006. http://hdl.handle.net/10072/367204.

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The thesis explores the interactions of the common law with indigenous law in three jurisdictions: Australia, New Zealand and Canada. Case law involving family, criminal and land law is examined in detail, to establish how the common law has interacted with indigenous law. Two aspects of common law interactions are explored: judicial approaches to the recognition of indigenous law; and, judicial perceptions about the relationship between the common law and indigenous law. Courts faced with indigenous law have taken one of three approaches to recognising it. These are respectively referred t
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Cheer, Ursula Jan. "Reality and Myth: The New Zealand Media and the Chilling Effect of Defamation Law." University of Canterbury. Law, 2008. http://hdl.handle.net/10092/3050.

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In 2001, I began the field work in an empirical study of the laws of defamation in New Zealand. This study involved a comprehensive mail-out survey of the New Zealand media, and an adapted survey of defamation lawyers, which were designed to discover how the laws of defamation affected both groups, and what the respondents thought about those laws. The survey was augmented by an extensive search of defamation court files in the most important New Zealand High Court registries. The question behind the survey was essentially whether New Zealand’s defamation laws have a chilling effect on the med
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Scrollini, Mendez Fabrizio. "Right to information arenas : exploring the right to information in Chile, New Zealand and Uruguay." Thesis, London School of Economics and Political Science (University of London), 2015. http://etheses.lse.ac.uk/3361/.

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The Right to Information (RTI) – a right every individual has to access public information held by governments – is now established in more than 100 countries. RTI laws set up a new logic in government: availability of public information is the principle and secrecy the exception. RTI laws create new public information arenas where several actors request, release and use public information for several purposes. In this work, I seek to explore why RTI arenas based on similar principles, work differently leading to different outputs. My explanation is based on a historical- institutionalist pers
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15

Ruru, Jacinta Arianna, and jacinta ruru@stonebow otago ac nz. "Te Tiriti o Waitangi and the management of national parks in New Zealand." University of Otago. Faculty of Law, 2002. http://adt.otago.ac.nz./public/adt-NZDU20070508.135325.

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This thesis assesses the historical and current legislative provision for including nga iwi Maori in the management of national parks. The method of assessment is one of comparison between the legislative provisions and the guarantees promised to nga iwi Maori in te Tiriti o Waitangi. Part One, Chapter One, establishes the relevance of te Tiriti o Waitangi to the management of national parks. This chapter is designed to act as the benchmark for the assessment of national park legislation. Part Two outlines the early national park legislation. Chapter Two begins by focusing on the emergence o
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au, gswensen@westnet com, and Greg Swensen. "Reform of Minor Cannabis Laws in Western Australia, the United Kingdom and New Zealand." Murdoch University, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070507.150143.

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The past three decades has been a period of intense and sustained debate in a number of major Western countries about the wisdom of police continuing to apply legislation which can severely punish offenders by fines and even imprisonment because of laws and policies that prohibit the use, possession and cultivation of cannabis. The large and growing number of young adults who have been exposed to the drug, some of whom have been charged and received criminal convictions with attendant deleterious effects on their employment and wellbeing, has forced policy makers to re-evaluate the justificat
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Cox, Noel Stanley Bertie. "The evolution of the New Zealand monarchy: The recognition of an autochthonous polity." Thesis, University of Auckland, 2001. http://wwwlib.umi.com/dissertations/fullcit/3002348.

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The aims of this thesis are to determine to what extent the Crown remains important as a source of legitimacy for the constitutional order and as a focus of sovereignty; how the Crown has developed as a distinct institution; and what the prospects are for the adoption of a republican form of government in New Zealand. The imperial Crown has evolved into the New Zealand Crown, yet the implications of this change are as yet only slowly being understood. Largely this is because that evolution came about as a result of gradual political development, as part of an extended process of independenc
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18

George, Robert H. "Reassessing relocation : a comparative analysis of legal approaches to disputes over family migration after parental separation in England and New Zealand." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:e0b7e3d4-f7de-41b4-8215-6a5f00cb733b.

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Relocation cases are disputes between separated parents which arise when one proposes to move to a new locality with their child and the other objects. Relocation disputes are increasingly common and are becoming a topic of international concern. This thesis takes a comparative socio-legal approach to examining the legal responses to relocation cases in England and New Zealand. In England, Payne v Payne [2001] 1 FLR 1052 continues to apply principles first enunciated in Poel v Poel [1970] 1 WLR 1469, and generally sees children’s welfare as being promoted by allowing primary carers to relocate
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19

Davis, Tracy R. "The role of First Nations in oil and gas development under federal regulatory regimes: Options for change and lessons from New Zealand." Thesis, University of Ottawa (Canada), 2001. http://hdl.handle.net/10393/9139.

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The objective of this thesis is to determine what role First Nations have under federal oil and gas regulatory regimes and to make recommendations to enable them to participate in oil and gas development. The author argues that there are persuasive legal and policy grounds to support an active role for First Nations in oil and gas development within their traditional territories. This position is supported through a comprehensive analysis of three federal oil and gas regimes (Northern, Offshore and Indian Reserve Regimes), their legislative frameworks, and recent developments in aboriginal jur
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20

Tortell, Lisa Ann. "The monetary remedy for breach of constitutional rights in the United States of America, India, New Zealand, and the United Kingdom." Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270152.

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Walker, Peter E., and n/a. "Power relationships and community law centres in Dunedin : power relationships between community organisations, their communities and their funding bodies : specifically focusing on community law centres in Dunedin and the Legal Services Board." University of Otago. Department of Social Work and Community Development, 1997. http://adt.otago.ac.nz./public/adt-NZDU20070528.124321.

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This research engages critically with major public sector accountability theories in relation to the development of law centres in Aotearoa/New Zealand (and comparative international examples) focusing on the two centres in Otago, the Ngai Tahu Maori Law Centre and the Dunedin Community Law Centre. Definitions of accountability are argued to be embedded within theoretical discourses which produce definable models of accountability corresponding to these theoretical statements. Case studies of the discourses of both law centres and their funding bodies are described and contrasted in terms of
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Safari, N. "Reconsidering the role of the derivative claim in the United Kingdom : a comparative study with the United States and New Zealand." Thesis, City, University of London, 2018. http://openaccess.city.ac.uk/20130/.

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This thesis studies the role of derivative claims in the English legal system in the context of protecting the company as a separate legal personality, through both the shareholders and employees acting as the derivative claim applicants. In spite of the aim of the English Law Commission to change the derivative claim to a more affordable and more accessible mechanism in the UK, still the current overly restricted approach to this mechanism prevents it to play an effective role in protecting the company. The academic literature brings several factors including the availability of other mechani
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Walker, Peter E., and n/a. "For better or for worse ... : a case study analysis of social services partnerships in Aotearoa/New Zealand." University of Otago. Department of Social Work and Community Development, 2007. http://adt.otago.ac.nz./public/adt-NZDU20070914.145613.

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Partnerships between organizations are seen as one of the building blocks of the �Third Way� approach to welfare provision both in Europe and in New Zealand. While there is much discussion of this emphasis on building social capital and working in partnerships these partnerships are usually perceived as being between government and community or private organizations as part of a new phase of neo-liberalism. Using qualitative research this thesis explores three partnership sites: Those within a Maori social service provider, Te Whanau Arohanui, and the local Hapu and State organisations; that b
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Than, Tut. "The Court of Appeal decision in Accent Management Ltd v CIR [2007] NZCA 230 Statutory interpretation in New Zealand tax avoidance law : a thesis submitted to Auckland University of Technology in partial fulfillment of the requirements for the degree of Master of Business, 2007." Click here to access this resource online, 2007. http://hdl.handle.net/10292/416.

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Schijf, Bobbi, and n/a. "Assessing the effect of EIA : the influence of environmental effects information on resource consent decision-making in New Zealand." University of Otago. Department of Geography, 2006. http://adt.otago.ac.nz./public/adt-NZDU20070202.121126.

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Environmental impact assessment (EIA) was introduced to inform decision-makers of the potential environmental effects of the decision before them. It has been adopted worldwide and functions as one of the primary instruments for taking account of environmental consequences in project approval decision-making. To date, there has been very little systematic investigation that explores whether the decision-makers for whom the EIA information is produced actually use it, although there are indications that EIA information is not always effective in influencing decisions. This thesis examines how,
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Ririnui, Teneti, and n/a. "The recognition of Maori customary fisheries in New Zealand�s fisheries management regime : a case study of taiapure." University of Otago. Department of Geography, 1997. http://adt.otago.ac.nz./public/adt-NZDU20070530.143237.

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The Treaty of Waitangi specifically recognises the rights of Maori to control and manage their fisheries resources. However, since the imposition of fisheries legislation in New Zealand, this right has been consistently eroded. It is only recently that Maori customary fisheries rights have been given a degree of recognition in New Zealand�s fisheries management regime. The taiapure provisions of the Fisheries Act 1996 are one of the few policy initiatives available for Maori to manage their fisheries resources in accordance with their customary tikanga. This study examines the effectiveness o
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Goodwin, David Pell, and n/a. "Belonging knows no boundaries : persisting land tenure custom for Shona, Ndebele and Ngai Tahu." University of Otago. Department of Surveying, 2008. http://adt.otago.ac.nz./public/adt-NZDU20080807.151921.

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Aspects of customary land tenure may survive even where formal rules in a society supersede custom. This thesis is about persisting custom for Maori Freehold land (MFL) in New Zealand, and the Communal Areas (CAs) of Zimbabwe. Three questions are addressed: what unwritten land tenure custom still persists for Ngai Tahu, Shona and Ndebele, what key historical processes and events in New Zealand and Zimbabwe shaped the relationship between people and land into the form it displays today, and how do we explain differences between surviving customary tenure practices in the two countries? The rese
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Anderson, Lynley Carol, and n/a. "Stress fractures : ethics and the provision of sports medicine at the elite level in New Zealand." University of Otago. Dunedin School of Medicine, 2005. http://adt.otago.ac.nz./public/adt-NZDU20060911.150036.

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The provision of medical care to top-level athletes in New Zealand comes with a number of challenging ethical issues. Some of these arise out of the commercial interest present in sport that links sporting success with funding, sponsorship deals and media interest. The requirement that athletes stay at peak physical function in order to be successful can, at times, be at odds with concepts of well-being and good health. The employment structure under which doctors are engaged by teams and the employment contracts which define these relationships can be the source of divided loyalty for doctors
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29

Ward, Damen Andrew. "The politics of jurisdiction : 'British' law, indigenous peoples and colonial government in South Australia and New Zealand, c.1834-60." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.289016.

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Strack, Michael S., and n/a. "Rebel rivers : an investigation into the river rights of indigenous people of Canada and New Zealand." University of Otago. School of Surveying, 2008. http://adt.otago.ac.nz./public/adt-NZDU20081217.163025.

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In Canada and New Zealand there are increasing calls for recognition of aboriginal rights which previously were ignored or denied because of the application of English law to concepts of property rights and ownership. English legal principles are vitally important in Canadian and New Zealand society, but there has always been room for local adaptations which could have recognised the existing practices and rights of the indigenous peoples. The English law makes various assumptions about ownership of rivers, dividing them into bed, banks and water, and applying various tests of adjoining occu
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Allard, Christina. "Two sides of the coin - rights and duties : the interface between environmental law and Saami law based on a comparison with Aoteoaroa/New Zealand and Canada /." Luleå : Luleå tekniska universitet/Industriell ekonomi och samhällsvetenskap/Samhällsvetenskap, 2006. http://epubl.ltu.se/1402-1544/2006/32/.

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Rothery, Karen. "The implementation and administration of the 'New Poor Law' in Hertfordshire c1830-1847." Thesis, University of Hertfordshire, 2017. http://hdl.handle.net/2299/18187.

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This research presents a regional study of the implementation of the 1834 Poor Law Amendment Act (commonly known as the New Poor Law) and its operation in Hertfordshire up to 1847. It examines the economic costs of poor relief across the whole of this rural southern county but it also adopts a microhistory approach to examine in detail how the New Poor Law was implemented and administered in four poor law unions: Hatfield, Hitchin, St Albans and Watford. This study makes national and intra-county comparisons of poor relief data, policy and practice. This research focuses on people as well as p
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au, chuntly@parliament wa gov, and Colin Thomas Huntly. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory." Murdoch University, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070129.145203.

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Common lawyers are notoriously suspicious of legal theory. This is exemplified by the dearth of theoretical content in Australian corporate law debate. If the first sin of legal theory is “to presume that it can offer a blueprint for actual decision-making and be a substitute for judicial and lawyerly wisdom”, then surely it is an equal transgression to profess that judicial and lawyerly wisdom can for long elude criticism without a sound theoretical basis. Reasoning by analogy is commonplace. This is as true in legal reasoning as in any other discipline. Indeed, it has been suggested that in
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Deerness-Plesner, Gina Eleanor Mary. "The Final Frontier? New Zealand engagement with the European Union in the field of research, science and technology." Thesis, University of Canterbury. National Centre for Research on Europe, 2008. http://hdl.handle.net/10092/2697.

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This dissertation endeavours to address an identified gap in literature concerning the relationship between New Zealand and the European Union (EU) in the field of research, science and technology (RS&T). Examination of the partnership begins with the creation of the Science and Technological Cooperation (STC) Arrangement in 1991 and comes to a close in 2008, following the Arrangement’s ‘upgrade’ to an STC Agreement on 16 July. During this time, the intensification of the EU’s activities in RS&T is evident. The Seventh Framework Programme (FP7) currently constitutes the most internationalised
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Huntly, Colin T. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory /." Access via Murdoch University Digital Theses Project, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070129.145203.

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Kalaf, William M. "Arizona law enforcement biometrics identification and information sharing technology framework." Thesis, Monterey, California : Naval Postgraduate School, 2010. http://edocs.nps.edu/npspubs/scholarly/theses/2010/Mar/10Mar%5FKalaf.pdf.

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Thesis (M.A. in Security Studies (Homeland Security and Defense))--Naval Postgraduate School, March 2010.<br>Thesis Advisor(s): Bergin, Richard ; Josefek, Robert. "March 2010." Description based on title screen as viewed on April 28, 2010. Author(s) subject terms: Arizona Criminal Justice Commission, biometrics technology, biometrics identification, facial recognition, fingerprint identification, law enforcement, information sharing, criminal information sharing, Arizona, Mexico, New Mexico, Texas, California, RISC, AFIS, IAFIS, NGI, governors border conferences, Central America, south west b
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Harris, Rachael Caroline. "The changing face of co-governance in New Zealand – how are Ngāi Tahu and Ngāi Tūhoe promoting the interests of their people through power-sharing arrangements in resource management?" Thesis, University of Canterbury. School of Law, 2015. http://hdl.handle.net/10092/10792.

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Power sharing regimes in resource management, including co-governance and co-management schemes, are now common across New Zealand. These schemes bring together iwi and the Crown to facilitate various environmental objectives. These arrangements often utilise the tenants of tikanga Māori, in particular the concept of kaitiakitanga, and are generally provided for outside of the Resource Management Act 1991. This thesis shows how two iwi, Ngāi Tahu of the South Island, and Ngāi Tūhoe of Te Urewera in the central North Island, are utilising such schemes to promote the interests of their people. I
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Rennie, Hamish Gordon. "A Geography of Marine Farming Rights in New Zealand: Some Rubbings of Patterns on the Face of the Sea." The University of Waikato, 2002. http://hdl.handle.net/10289/2525.

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Sustainable development of global marine resources has been the focus of various United Nations' agencies and coastal nations since World War II. As capture fisheries resources have come under pressure and perhaps reached their sustainable limit concern has been expressed over the ability to continue to meet the protein needs of expanding populations. One potentially significant contributor to addressing the food needs of the world is marine farming (mariculture). The expansion of marine farming in developing countries has been well-addressed in the literature, but marine farming in develop
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Taylor, Nicola J., and n/a. "Care of children : families, dispute resolution and the Family Court." University of Otago. Children's Issues Centre, 2006. http://adt.otago.ac.nz./public/adt-NZDU20060810.120428.

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This study explored family members� experience of, and satisfaction with, New Zealand Family Court dispute resolution processes concerning children�s care arrangements following parental separation. A qualitative method was employed, using individual interviews with 22 parents and 8 children from 15 families, in three court districts, during 2001-2002. Follow-up interviews were also conducted with the parents one year later to assess the factors affecting compliance with their agreements and court orders. Focus groups were held with 16 Family Court professionals (lawyers, counsellors, speciali
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Carter, David Bernard. "Crossing the wires : the interface between law and accounting and the discourse theory potential of telecommunications regulation : a thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in Accounting /." ResearchArchive@Victoria e-Thesis, 2008. http://hdl.handle.net/10063/1048.

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Barrington, Jane. "Shapeshifting prostitution and the problem of harm : a discourse analysis of media reportage of prostitution law reform in New Zealand in 2003 : a thesis submitted to AUT University New Zealand in partial fulfilment of the requirements for the degree of Master of Health Science, 2008." Click here to access this resource online, 2008. http://hdl.handle.net/10292/471.

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Interpersonal violence and abuse in New Zealand is so widespread it is considered a normative experience. Mental health nurses witnessing the inscribed effects of abuse on service users are lead to consider whether we are dealing with a breakdown of the mind or a breakdown in social or cultural connection (Stuhlmiller, 2003). The purpose of this research is to examine the cultural context which makes violence and abuse against women and children possible. In 2003, the public debate on prostitution law reform promised to open a space in which discourses on sexuality and violence, practices usua
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Bär, Alida Lucia. "Recent Developments in South African Consumer Insolvency Law - An analysis of the National Credit Amendment Act 7 of 2019 and its possible impact on the economy, taking into account the experiences of the British, New Zealand and German legal systems." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32199.

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A key challenge of the present is the growing number of consumer debtors, often caused by easy access to credit. Especially for people on low incomes, even an unforeseen event can lead to a situation in which credit rates can no longer be serviced. The result is insolvency. However, in the past many jurisdictions were not prepared for the challenges of low income insolvency. It was not until more recent times that legislators began to develop special insolvency procedures tailored to people with low incomes. This comparative research presents the insolvency proceedings of South Africa, in part
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Heite, Martin. "Privacy, Constitutions and the Law of Torts: a Comparative and Theoretical Analysis of Protecting Personal Information Against Dissemination in New Zealand, the UK and the USA." University of Canterbury. Law, 2008. http://hdl.handle.net/10092/2955.

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The New Zealand Court of Appeal has recently acknowledged the existence of a freestanding tort of invasion of privacy in Hosking v Runting. The tort is in its infancy and the courts are still grappling with essential problems, the most prominent of which is the conflict with countervailing interests in freedom of speech. In need of guidance, the courts turn to overseas authorities, predominantly from the United Kingdom and the United States of America. The commonly found descriptive nature of the comparison invites a broader analysis of these jurisdictions. In this thesis, I offer a theoretica
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Huntly, Colin Thomas. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory." Thesis, Huntly, Colin Thomas (2005) In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory. PhD thesis, Murdoch University, 2005. https://researchrepository.murdoch.edu.au/id/eprint/83/.

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Common lawyers are notoriously suspicious of legal theory. This is exemplified by the dearth of theoretical content in Australian corporate law debate. If the first sin of legal theory is to presume that it can offer a blueprint for actual decision-making and be a substitute for judicial and lawyerly wisdom, then surely it is an equal transgression to profess that judicial and lawyerly wisdom can for long elude criticism without a sound theoretical basis. Reasoning by analogy is commonplace. This is as true in legal reasoning as in any other discipline. Indeed, it has been suggested that in
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Huntly, Colin Thomas. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory." Huntly, Colin Thomas (2005) In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory. PhD thesis, Murdoch University, 2005. http://researchrepository.murdoch.edu.au/83/.

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Common lawyers are notoriously suspicious of legal theory. This is exemplified by the dearth of theoretical content in Australian corporate law debate. If the first sin of legal theory is to presume that it can offer a blueprint for actual decision-making and be a substitute for judicial and lawyerly wisdom, then surely it is an equal transgression to profess that judicial and lawyerly wisdom can for long elude criticism without a sound theoretical basis. Reasoning by analogy is commonplace. This is as true in legal reasoning as in any other discipline. Indeed, it has been suggested that in
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46

O'Driscoll, Stephen James, and n/a. "Conduct of counsel causing or contributing to a miscarriage of justice." University of Otago. Faculty of Law, 2009. http://adt.otago.ac.nz./public/adt-NZDU20090506.091357.

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The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice. It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel
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Mersinis, Themistoklis G. "The case for contractual solutions in third party pure economic loss : a comparative review of the law in Germany, Greece, the United States, Scotland, England, Australia, Canada and New Zealand." Thesis, University of Edinburgh, 1998. http://hdl.handle.net/1842/26773.

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The purpose of this thesis is to examine third party loss in a number of jurisdictions. Third party loss is the loss suffered by persons not party to a contract as a result of the violation of a contractual obligation. Compensation poses a problem when the violation is careless as opposed to intentional and the loss that is caused is purely economic. The starting point of this work is German law where, in order to protect third parties, two contract-based mechanisms have been judicially developed, because the law of delict, based on a system of restrictively enumerated, statutory delicts, prov
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Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.

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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possib
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Hall, Charlotta. "Sanningskommission för Sveriges samer : en studie om förväntningar och andra urfolks erfarenheter på väg mot upprättelse." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305672.

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In recent years the field of reparations for indigenous peoples has increased remarkably. Past wrongs made by states in the distant past has become more important to highlight, not only because of the memories of historical injustice, but because of how the past impacts the future, and not least, still appears as structures of discrimination remaining from the past.   As an indigenous people the Saami people living in Sweden have experiences of both historical injustices as well as todays struggle with discrimination on different levels. Mostly regarding their right to be a part of decisions c
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Brancho, Jennie. "Review of Regulatory Policies for Copper and Silver Water Quality Criteria." Kent State University Honors College / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1493904025463972.

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