EARLY INTERVENTION IN NEW ZEALAND FAMILY COURT CASES

In April 2010 the New Zealand Family Court introduced the National Early Intervention Process (NEIP) to diversify its previous unitary dispute resolution pathway into two tracks (standard and urgent). A “triage” model is now in use to assess and assign cases appropriately. This article outlines the key milestones in the Family Court's 30‐year history which have led to this new initiative to reduce delays and help avoid the escalation of family conflicts over the care of children into bitter and intractable disputes. NEIP represents the most overarching reform of the Family Court since the Court's inception in 1981.     

OFFENDING TRAJECTORIES IN A NEW ZEALAND BIRTH COHORT*

In this paper, we develop a latent class modeling method to examine variation in offending trajectories. This model is applied to test the predictions of the trajectory theories developed by Moffitt and Patterson that offending history data can be classified into early onset/life‐course‐persistent offending and late onset/adolescent‐limited offending trajectories, with these trajectory groups being related to different etiological factors. The approach was applied to data gathered over the course of a longitudinal study of more than 900 New Zealand children studied from birth until the age of 18. The analysis identified four trajectory groups, with these trajectory groups corresponding to nonoffenders, moderate risk offenders, adolescent onset offenders, and chronic offenders. The adolescent onset and chronic offender groups were similar to the trajectory groupings predicted by the Moffitt/Patterson theories. Examination of social, family, childhood, and peer factors associated with these offending trajectories suggested the presence of a series of common etiological factors relating to family functioning and early adjustment that discriminated between the trajectory groups. However, evidence of trajectory‐specific etiology also existed, in which the formation of deviant peer affiliations for young people from moderate risk backgrounds led to the rapid onset of offending in adolescence.     

PARALLEL IMPORTATION AND SERVICE QUALITY: AN EMPIRICAL INVESTIGATION OF COMPETITION BETWEEN DVDS AND CINEMAS IN NEW ZEALAND

Investigations into the causes and effects of parallel importinghave concentrated on price discrimination, but arbitrage canalso occur on non-price dimensions. Using a natural experimentin the New Zealand film distribution industry between May 1998and November 2001, we examine the effect of parallel importingon quality as it relates to the timing of the availability offilm media. We demonstrate that (a) cinema revenues were underminedas consumers substituted viewing films on parallel importedDVDs for the cinema format and (b) that studios responded tothe threat of parallel imported DVDs by bringing forward therelease of films into New Zealand cinemas. The reduced delaybetween US and New Zealand cinematic release dates is shownto be consistent with the introduction of competition when timingis a dimension of quality and choice. We conclude that parallelimportation of DVDs almost certainly resulted in a net increasein welfare in New Zealand.     

Independence of data privacy authorities (Part II): Asia-Pacific experience

Part I of this article in [2012] 28 CLSR 3-13 analysed the views of learned commentators on what constitutes the ‘independence’ of data protection authorities (DPAs). It concluded that a more satisfactory answer needed to be found in the international instruments on data privacy and on human rights bodies, their implementation and judicial interpretation, and in the standards that have been proposed and implemented by DPAs themselves. It found that only the OECD and APEC privacy agreements did not require a DPA (and therefore had no standards for its independence). Thirteen factors were identified as elements of ‘independence’ across these instruments and standards, five of which were more commonly found than others.     

Part II of David Bainbridge's study of the copyright (computer software) amendment act 1985

The considerable amount of piracy of computer programs which has taken place recently has shaken the software industry's confidence in legal methods of protecting their products. If nothing more, the new Act should restore some of this confidence, but the industry must be prepared to take the legal measures now available. The stronger criminal sanctions provided for by section 3 of the Act emphasise the criminality of software piracy and it is hoped that the police will also begin to take software theft seriously. But there are some grey areas in copyright law as amended by the new Act; the precise scope of ‘material form’ and ‘adaptation’ are unclear - will the making of a duplicate of a program stored on magnetic cassette tape infringe copyright? A wide definition of ‘material form’ could have put protection beyond doubt whilst allowing for future developments in computer storage media. The new Act is seen as an interim measure pending a comprehensive review of copyright law (per Lord) Lucas of Chilworth, Hansard House of Lords, 10 May 1985 p. 873; he said that the Government hoped to bring forward a comprehensive Copyright Bill no later than the 1986/7 session). Furthermore, the whole area of computer storage of more traditional works of copyright such as literary and musical works, is not specifically mentioned in the new Act. Other questions such as the ownership of works including computer programs produced by or with the aid of a programmed grammed computer (first identified as being a likely problem as early as 1977 by the Whitford Committee) are not dealt with all by the Act. Lord Macmilland of Ovenden recently called for new legislation to deal with the copyright problems caused by new technology (The Times 18th September 1985 p.3), and it is hoped that full consideration will be given to the effect of computers on all forms of intellectual property when copyright law is rationalised and re-codified.     

Dilution in the United States and European Union (and beyond) Part II: testing for blurring

Legal context. Dilution by blurring has often been accused ofbeing a vague concept which is difficult to understand and whichhas no sensible limits. Mindful of the need for certainty inthis area, the US Senate and House of Representatives have passedthe Trademark Dilution Revision Act 2006. This Bill (which isdiscussed more generally in Part I) includes a definition ofblurring and a six-point test for blurring. Meanwhile, the EuropeanUnion has been steadily building up jurisprudence in this area. Key points. This part of the article focuses on dilution byblurring, considering how blurring is defined, how it is testedfor and whether US and EU blurring protection is in compliancewith the jurisdictions’ international obligations in thisarea (discussed in Part I). In particular, it considers thenew definition of, and test for, blurring under the US TrademarkDilution Revision Act 2006, and compares the position underthat Bill to the situation in the EU. Practical significance. Assuming that it enters into law, theRevision Act 2006 has serious implications for the proprietorsof famous marks doing business in the US. This article willinform the owners of such marks what protection they will benefitfrom and how this will differ from the protection they willget in the EU.