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Responses To Systemic Risk After The Global Financial Crisis: Canada And New Zealand, Nan Seuffert Dec 2012

Responses To Systemic Risk After The Global Financial Crisis: Canada And New Zealand, Nan Seuffert

Professor Nan Seuffert

This paper considers the responses of two jurisdictions to systemic risk identified as contributing to the global financial crisis (GFC). Canada and New Zealand are studied as two jurisdictions that both weathered the global financial crisis relatively well. Both have recently proposed new national authorities for the regulation and enforcement of securities: the Canadian Securities Regulation Authority and the Financial Markets Authority (New Zealand). Nevertheless, the proposals and the responses for new national authorities reveal that the two countries view the GFC and the appropriate responses quite differently. This paper analyses the appropriateness of the two responses.


Reproducing Empire In Same Sex Relationship Recognition And Immigration Law Reform, Nan Seuffert Dec 2012

Reproducing Empire In Same Sex Relationship Recognition And Immigration Law Reform, Nan Seuffert

Professor Nan Seuffert

No abstract provided.


Mobility, Sexuality And Civilisation: Settlers, Strangers, Nomads And Gypsies In The Pacific To 1910, Nan Seuffert Dec 2012

Mobility, Sexuality And Civilisation: Settlers, Strangers, Nomads And Gypsies In The Pacific To 1910, Nan Seuffert

Professor Nan Seuffert

Settlers in British colonies, and settlement house workers in urban America in the nineteenth century, saw themselves as bringing civilisation to urban primitives, noble savages and savage immigrants. Civilisation in Europe and the colonies was often tied to land, the settlement of land, agriculture and cultivation. Nomads, gypsies, immigrants, itinerant labourers, tramps and other derogatorily defined mobile populations, were often constructed in relation to settlers, missionaries and explorers, who were associated with the civis, city, and civilisation. Yet settlers were themselves immigrants, explorers were often part of itinerant populations, and missionaries and colonial officials were mobile as well. This paper …


Shares And Caring: Stories Of Law, Identity, Culture And Enterprise, Nan Seuffert Dec 2012

Shares And Caring: Stories Of Law, Identity, Culture And Enterprise, Nan Seuffert

Professor Nan Seuffert

No abstract provided.


Time To Tame The "Wild Beast" In The Wild West? The Regulation Of Disclosure Of Equity Derivatives In New Zealand, Nan Seuffert Dec 2012

Time To Tame The "Wild Beast" In The Wild West? The Regulation Of Disclosure Of Equity Derivatives In New Zealand, Nan Seuffert

Professor Nan Seuffert

The causes of the recent global financial crisis (GFC) have been a topic of intense debate, with commentators and others pointing to the enormous growth in, and relative lack of regulation of, derivative financial products, including over-the-counter equity swap agreements, as a contributing factor. In New Zealand the Court of Appeal held in Ithaca (Custodians) Ltd v Perry Corp [2004] 1 NZLR 731 that such swap agreements referencing substantial holdings in underlying securities of a particular company did not require disclosure under the substantial security holder disclosure provisions. This article analyses that decision in the context of the GFC and …


Taming The Wild Beast: The Regulation Of Equity Derivatives In New Zealand, Nan Seuffert Dec 2012

Taming The Wild Beast: The Regulation Of Equity Derivatives In New Zealand, Nan Seuffert

Professor Nan Seuffert

The causes of the recent global financial crisis (GFC) have been the topic of intense debate; the contribution of the enormous growth in, and lack of regulation of, derivative financial products, including over-the-counter swaps has been one of the epicentres of that debate. The regulation of derivatives was a topic of some controversy internationally prior to the GFC; derivatives were sometimes referred to as the "wild beasts" of finance markets and some commentators highlighted the systemic risks posed to national economies due to the lack of regulation of these markets. In New Zealand the issue of the regulation of the …


Tracing Empire In Same Sex Relationship Recognition And Immigration In New Zealand, Nan Seuffert Dec 2012

Tracing Empire In Same Sex Relationship Recognition And Immigration In New Zealand, Nan Seuffert

Professor Nan Seuffert

No abstract provided.


Enhanced Participation And Equal Treatment? Fairness In New Zealand's Takeovers Code, Nan Seuffert Dec 2012

Enhanced Participation And Equal Treatment? Fairness In New Zealand's Takeovers Code, Nan Seuffert

Professor Nan Seuffert

This article analyses the fairness objectives of the Code using illustrations from two high profile takeover bids that allow comparison of pre- and post-Code takeover strategies. The analyses of pre-Code strategies fill a gap in the literature and suggest that problems identified in the 1980s and early 1990s continued until the effective date of the Code. Edison Mission Energy’s (EME) failed bid for Contact Energy Limited (Contact) provides a comparison of pre- and post-Code pause and publicity provisions that allows analysis of the Code’s fairness objective of enhancing shareholder participation. Compliance with the Code’s pause and publicity provisions in EME’s …


Nation As Partnership: Law, "Race," And Gender In Aotearoa New Zealand's Treaty Settlements, Nan Seuffert Dec 2012

Nation As Partnership: Law, "Race," And Gender In Aotearoa New Zealand's Treaty Settlements, Nan Seuffert

Professor Nan Seuffert

This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as ‘‘structural adjustment,’’ or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, ‘‘race,’’ gender, and nation in this convergence illuminates the reproduction and reshaping of colonial tropes, or historical racial configurations produced through colonization, in these current trends. In Aotearoa New Zealand, claims by indigenous Maori activists for self-determination and …


Jurisdiction And Nation-Building: Tall Tales In Nineteenth-Century Aotearoa/New Zealand, Nan Seuffert Dec 2012

Jurisdiction And Nation-Building: Tall Tales In Nineteenth-Century Aotearoa/New Zealand, Nan Seuffert

Professor Nan Seuffert

Que.stions of jurisdiction involve the determination of the boundaries of the law. Notions of modern territorial jurisdiction emerged with the development of the modern natioin-state as the bounded territory in which a particular set of laws applIed. These modern notions of both nation-state and jurisdiction facilitated colonisation by determining the territorial boundaries in which colonial law applied, by determing the national space to other nations, and by producing difference within national and jurisdictional boundaries. The production of internal difference, the creation of differences between distinct groupings through the law's jurisdictional speech, is arguably the most important work that jurisdiction performs …


Revolution, National Identity And Law Reform: From Derivatives To Demonstrations, Nan Seuffert Dec 2012

Revolution, National Identity And Law Reform: From Derivatives To Demonstrations, Nan Seuffert

Professor Nan Seuffert

No abstract provided.


The Tppa And Financial Sector Deregulation, Nan Seuffert, Jane Kelsey Dec 2012

The Tppa And Financial Sector Deregulation, Nan Seuffert, Jane Kelsey

Professor Nan Seuffert

The Bush administration announced that it was joining the negotiations on the unfinished business of financial services and investment between the parties to the Trans-Pacific Strategic Economic Partnership Agreement (or P-4) in February 2008. At that time, the sub-prime mortgage market was collapsing; the British government had bailed out Northern Rock; and iconic US financial institutions, such as Citigroup, Merrill Lynch and AIG, were in a precarious state. These and further signs of a systemic financial meltdown should have rung alarm bells about an agreement that would deepen the global integration of financial markets, enhance the expansion of financial institutions …