title: Commercial equity: the Quistclose trust and asset recovery

authors: Tappenden, Sue

subjects: Quistclose

abstract: This paper examines the impact of equitable principles on the sphere of commercial law. It will make particular reference to the effect of the incursion of equity on ordinary creditors with regard to obtaining priorities in cases of insolvency. It will analyze the Quistclose trust and show how this type of trust may be used to obtain an advantage by those who would otherwise be ordinary creditors. It will refer to the use of equitable tracing to recover assets in a money-laundering scheme The paper will suggest that judicial acceptance of the concept of the remedial constructive trusts has enhanced the development of proprietary restitutionary remedies in commercial transactions where no proprietary remedy would have previously existed.

text: Commercial equity: the Quistclose trust and asset recovery This paper examines the impact of equitable principles on the sphere of commercial law. It will make particular reference to the effect of the incursion of equity on ordinary creditors with regard to obtaining priorities in cases of insolvency. It will analyze the Quistclose trust and show how this type of trust may be used to obtain an advantage by those who would otherwise be ordinary creditors. It will refer to the use of equitable tracing to recover assets in a money-laundering scheme The paper will suggest that judicial acceptance of the concept of the remedial constructive trusts has enhanced the development of proprietary restitutionary remedies in commercial transactions where no proprietary remedy would have previously existed.

year: 2009

title: Share an idea: AI-augmented urban narrative

authors: Dyer, Mark

subjects: computer science

abstract: Many lessons were learnt from Christchurch City Council's attempt to empower local citizens to co-design the redevelopment of the city centre following the devastating events of a series of major earthquakes between 2011 and 2012. Running against the grain of national politics, the grassroots public consultation exercise was largely over-ridden by the central government's decision to hand over final responsibility for rebuilding of the city to the Canterbury Earthquake Recovery Authority (CERA). Predictably, the centrally administered bureaucratic process attracted considerable criticism with studies indicating that CERA was ill-equipped and unwilling to engage effectively with the public, which resulted in predictably poor public perceptions. The outcome pointed towards the need for greater clarity about the willingness or otherwise of public agencies or government to share decision making before public engagement to avoid disappointment and disillusionment. Without which, the perception of power-sharing becomes an illusion that can quickly turn into public dissatisfaction with public authorities. Furthermore, the problem arose in part due to a focus on solutions rather than prioritising user needs underpinned by shared culture values. To overcome future political impasses between local and national government agencies, an alternative method of collecting and analysing data from public consultation is proposed using AI where large volumes of public data can be readily processed to communicate shared narratives about shared values for future public works such as the rebuild of Christchurch.

text: Share an idea: AI-augmented urban narrative Many lessons were learnt from Christchurch City Council's attempt to empower local citizens to co-design the redevelopment of the city centre following the devastating events of a series of major earthquakes between 2011 and 2012. Running against the grain of national politics, the grassroots public consultation exercise was largely over-ridden by the central government's decision to hand over final responsibility for rebuilding of the city to the Canterbury Earthquake Recovery Authority (CERA). Predictably, the centrally administered bureaucratic process attracted considerable criticism with studies indicating that CERA was ill-equipped and unwilling to engage effectively with the public, which resulted in predictably poor public perceptions. The outcome pointed towards the need for greater clarity about the willingness or otherwise of public agencies or government to share decision making before public engagement to avoid disappointment and disillusionment. Without which, the perception of power-sharing becomes an illusion that can quickly turn into public dissatisfaction with public authorities. Furthermore, the problem arose in part due to a focus on solutions rather than prioritising user needs underpinned by shared culture values. To overcome future political impasses between local and national government agencies, an alternative method of collecting and analysing data from public consultation is proposed using AI where large volumes of public data can be readily processed to communicate shared narratives about shared values for future public works such as the rebuild of Christchurch.

year: 2024

title: Te Mātaiaho as curricular justice?

authors: Shafer, Derek

abstract: Te Mātaiaho produces a version of curricular justice which aims to give effect to Te Tiriti and address long-standing inequities in education in Aotearoa New Zealand. We examine Te Mātaiaho’s vision for subject English and its construction of students’ identities as fundamental to a curriculum that advances both bicultural nationhood and just outcomes for all students. We draw on Raewyn Connell’s (2010) model of curricular justice, and Nancy Fraser's (2017) notion of progressive neoliberalism to explore the opportunities and implications for subject English within Te Mātaiaho's vision. How might these frameworks for justice help to critique the development of educational policy and support the implementation of Te Mātaiaho's vision for biculturalnationhood and just outcomes for all students.

text: Te Mātaiaho as curricular justice? Te Mātaiaho produces a version of curricular justice which aims to give effect to Te Tiriti and address long-standing inequities in education in Aotearoa New Zealand. We examine Te Mātaiaho’s vision for subject English and its construction of students’ identities as fundamental to a curriculum that advances both bicultural nationhood and just outcomes for all students. We draw on Raewyn Connell’s (2010) model of curricular justice, and Nancy Fraser's (2017) notion of progressive neoliberalism to explore the opportunities and implications for subject English within Te Mātaiaho's vision. How might these frameworks for justice help to critique the development of educational policy and support the implementation of Te Mātaiaho's vision for biculturalnationhood and just outcomes for all students.

year: 2023-11-22