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Article
Publication date: 11 July 2023

Thomas Gibbons

The purpose of the paper is to examine the phrase “just and equitable”, and associated terminology, within New Zealand’s strata law, to inform other jurisdictions. In particular…

Abstract

Purpose

The purpose of the paper is to examine the phrase “just and equitable”, and associated terminology, within New Zealand’s strata law, to inform other jurisdictions. In particular, this paper temporarily suspends the notion of a statutory hendiadys to consider what kind of justice is reflected in judicial consideration of the phrase.

Design/methodology/approach

This paper takes a mixed-methods approach, drawing on a combination of black-letter law, property law theory and insights from literary and philosophical analysis.

Findings

While justice is often considered as “treating like cases alike”, this is not apparent from this study. The analysis shows that different kinds of justice outcomes emerge, with some emphasis on justice as economic efficiency. In addition, the paper highlights the inherent uncertainty in what is “just and equitable” and how associated disjunctive phrases, such as “unjust or inequitable” are still treated as hendiadys, but are no more clear.

Research limitations/implications

The research is limited to consideration of a single jurisdiction (New Zealand), though the useful degree of case law from this jurisdiction provides broad insight.

Practical implications

Among other things, the paper argues for further consideration of the usefulness of the “just and equitable” test in light of the kind of justice we want to achieve. The addition of mandatory considerations to existing statutory tests may allow more of a focus, beyond the exigencies of individual cases or narrow outcomes of economic efficiency.

Originality/value

While there is existing literature on the “just and equitable” phrase within strata law, the paper is the first, to the best of the authors’ knowledge, to provide an analysis focused on how suspending the statutory hendiadys normally inherent in “just and equitable” provides insight into the kind of justice that emerges from the application of this test within a single strata jurisdiction. As such, the paper provides lessons for other jurisdictions on how to improve relevant statute and case law outcomes.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 27 September 2013

Thomas Nathanael Gibbons

This paper applies existing theoretical models on management agreements for multi‐unit housing to a particular legislative provision and its application in a decided case. It then…

235

Abstract

Purpose

This paper applies existing theoretical models on management agreements for multi‐unit housing to a particular legislative provision and its application in a decided case. It then critiques that decision and makes recommendations for policymakers based on the application and scope of the provision. The paper aims to discuss these issues.

Design/methodology/approach

A socio‐legal approach is taken, based on a case study of a statutory provision discussed in a decided case.

Findings

This paper identifies new phenomena in relation to management agreements for multi‐unit housing and makes recommendations for policymakers based on the case study. These recommendations relate to the wording of similar statutory provisions and to developers' duties to future owners.

Research limitations/implications

The case study is limited to a single legislative provision and single decided case, though some references are made to overseas jurisdictions.

Practical implications

The findings will help guide policymakers in other jurisdictions.

Originality/value

Through extending existing models relating to body corporate management agreements and “developer abuse” to a case study relating to legislative reform, this paper shows the usefulness and limitations of a particular type of reform. This will assist those applying existing models to other jurisdictions and also provide guidance for policymakers.

Details

International Journal of Law in the Built Environment, vol. 5 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 12 April 2013

Thomas Gibbons

The purpose of this paper is to test existing theoretical models relating to management agreements and “developer abuse” in relation to multi‐unit housing developments through…

270

Abstract

Purpose

The purpose of this paper is to test existing theoretical models relating to management agreements and “developer abuse” in relation to multi‐unit housing developments through applying them to a new jurisdiction: New Zealand.

Design/methodology/approach

The paper uses a combination of case studies from reported legal cases, and a socio‐legal framework, to apply existing models to New Zealand.

Findings

The analysis shows that existing models are accurate, but can be improved and refined through a deeper examination of the issues arising from decided cases. New phenomena were identified that require more attention.

Research limitations/implications

This analysis is restricted to decided cases and empirical research may allow further findings. The research was also limited to New Zealand as a test of existing models.

Practical implications

The analysis in this paper shows that there are difficulties with recent law reforms, and more attention is needed to legislative solutions to the problems identified in existing literature and decided cases.

Social implications

This research may help educate the public about the issues arising from management agreements.

Originality/value

By applying existing models relating to body corporate management agreements and “developer abuse” to a new jurisdiction, this paper shows the usefulness of those models. The models remain to be tested in other jurisdictions, and this paper adds to existing frameworks for those scholars who do so. It will also have use for policy makers in this area.

Details

International Journal of Law in the Built Environment, vol. 5 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 October 2005

Thomas Gibbons

To examine whether OFCOM's Public Service Broadcasting Review has responded adequately to the contestable values entailed in this dimension of media policy.

1564

Abstract

Purpose

To examine whether OFCOM's Public Service Broadcasting Review has responded adequately to the contestable values entailed in this dimension of media policy.

Design/methodology/approach

Analysis of OFCOM's premises and reasoning, in particular its use of competition language, to test the implications for its statutory requirement to maintain and strengthen public service broadcasting.

Findings

OFCOM adopts a utilitarian approach when discussing normative issues relating to culture and media values. This is inappropriate in itself, but also reflects a desire to narrow the scope of its remit.

Originality/value

The paper challenges the current regulatory style of OFCOM and points to problems that need to be rectified for its legislative mandate properly to be fulfilled.

Details

info, vol. 7 no. 5
Type: Research Article
ISSN: 1463-6697

Keywords

Article
Publication date: 1 August 2002

Gary Jensen

Although typologies of violence have become more common, relatively little attention has been given to Donald Black’s (1983) distinction between moralistic and predatory violence…

Abstract

Although typologies of violence have become more common, relatively little attention has been given to Donald Black’s (1983) distinction between moralistic and predatory violence. Moralistic violence is rooted in conflict; predatory violence is rooted in exploitation. We elaborate Black’s typology and show how it is similar to, but distinct from, other typologies of violence. We also address the criteria by which typologies of any kind might be judged. Borrowing from the literatures on typologies and on standards of scientific theory, we argue that explanatory typologies should be evaluated according to four criteria: the degree to which they are powerful, theoretical, general, and parsimonious. Applying the criteria to Black’s typology, we argue that the distinction between moralistic and predatory violence is an important contribution to the arsenal of the student of violence.

Details

International Journal of Sociology and Social Policy, vol. 22 no. 7/8
Type: Research Article
ISSN: 0144-333X

Keywords

Content available
Article
Publication date: 12 April 2013

Michael C. Brand

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Abstract

Details

International Journal of Law in the Built Environment, vol. 5 no. 1
Type: Research Article
ISSN: 1756-1450

Book part
Publication date: 16 September 2017

Ramana Nanda and Matthew Rhodes-Kropf

Past work has shown that failure tolerance by principals has the potential to stimulate innovation, but has not examined how this affects which projects principals will start. We…

Abstract

Past work has shown that failure tolerance by principals has the potential to stimulate innovation, but has not examined how this affects which projects principals will start. We demonstrate that failure tolerance has an equilibrium price – in terms of an investor’s required share of equity – that increases in the level of radical innovation. Financiers with investment strategies that tolerate early failure will endogenously choose to fund less radical innovations, while the most radical innovations (for whom the price of failure tolerance is too high) can only be started by investors who are not failure tolerant. Since policies to stimulate innovation must often be set before specific investments in innovative projects are made, this creates a trade-off between a policy that encourages experimentation ex post and the one that funds experimental projects ex ante. In equilibrium, it is possible that all competing financiers choose to offer failure tolerant contracts to attract entrepreneurs, leaving no capital to fund the most radical, experimental projects in the economy. The impact of different innovation policies can help to explain who finances radical innovations, and when and where radical innovation occurs.

Details

Entrepreneurship, Innovation, and Platforms
Type: Book
ISBN: 978-1-78743-080-8

Keywords

Article
Publication date: 1 February 1992

Ronald H. Fritze

Cambridge, Harvard, Oxford: the names of these universities instantly conjure up images of the highest attainments of higher education. Of course, great universities also operate…

Abstract

Cambridge, Harvard, Oxford: the names of these universities instantly conjure up images of the highest attainments of higher education. Of course, great universities also operate great university presses. So any reference book with the name of Oxford, Cambridge, or Harvard in the title possesses immediate credibility and saleability. But it was not always so. Prior to the latter half of the nineteenth century the Oxford and the Cambridge University Presses were known to the public primarily as publishers of the Bible. Oxford broke into reference publishing, and along with it widespread public recognition, by means of its famous dictionaries, of which the pinnacle was the massive Oxford English Dictionary. The Cambridge University Press [hereafter referred to as CUP] took a different approach to publishing scholarly reference works by producing authoritative and encyclopedic histories. According to S.C. Roberts, a long‐time secretary to the Syndics of the CUP, “apart from the Bible, the first book that made the Press well known to the general public was the Cambridge Modern History.”

Details

Reference Services Review, vol. 20 no. 2
Type: Research Article
ISSN: 0090-7324

Article
Publication date: 1 December 2003

Christian Koch

This article discusses how information technology and human resource oriented management tools can be integrated using their respective strengths to enable knowledge production…

1734

Abstract

This article discusses how information technology and human resource oriented management tools can be integrated using their respective strengths to enable knowledge production. Two companies’ KM strategies encompassing a strong IT‐component in combination with organisation, training and office design are analysed. Their experience shows that joining information technology with the human resource oriented tools is a necessary precondition for success in KM‐efforts. Second, in the large company, there is still a relative overemphasis on “circumstantial” frames for knowledge production and too little focus on dynamics in knowledge producing processes. In contrast, the medium sized company is experimenting with soft tools used directly in the processes of the customer‐oriented projects.

Details

Engineering, Construction and Architectural Management, vol. 10 no. 6
Type: Research Article
ISSN: 0969-9988

Keywords

Book part
Publication date: 16 October 2020

Amani Alsalem, Park Thaichon and Scott Weaven

This chapter provides a comprehensive review of several social-cognitive models that have been lately applied in public health and donation contexts. The current review included…

Abstract

This chapter provides a comprehensive review of several social-cognitive models that have been lately applied in public health and donation contexts. The current review included the elaboration likelihood model (ELM), the prototype willingness model (PWM), and the organ donation model (ODM). This review also details and discusses the main strengths and limitations of these models. Importantly, this review helps to identify the gap of the current social marketing and health-care literature. In particular, this chapter provides a solid theoretical foundation and has initiated further pathways for future researchers who are interested in the fields of public health and social change literature, organ donation context, as well as social-cognitive decision-making models. The significance of this review is defined by advancing public health practitioners, social marketing communicators, and educationalists, evidencing how conceptual models can inform and guide the research.

Details

A Guide to Planning and Managing Open Innovative Ecosystems
Type: Book
ISBN: 978-1-78973-409-6

Keywords

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