bluuebunny/crossref_metadata_2025 huggingface dataset:
Pursuing Self-determined Responses to Climate Change in the Cook Islands: Exploring the Interface between Government Organisational Directive and Local Community Engagement with Climate Change Adaptation
Authors:   , Lusk Anabel
Published: November 2021

Small island communities are considered to be amongst the most ‘at-risk’ populations in the world to the impacts of climate change. Global, regional and national entities have framed the plight of Pacific communities through climate change discourses. This study contributes to an emerging line of inquiry that investigates how applying the concepts of ‘vulnerability’ and ‘resilience’ to frame communities might contribute to community empowerment, or marginalisation. Focused on the institutional setting of the ‘Strengthening the Resilience of our Islands and our Communities to Climate Change Programme’ (SRIC Programme), this thesis explores the engagement between government organisations of the Cook Islands and communities of Aitutaki to form adaptation responses to climate change.  Qualitative methodologies coupled with Pasifika methodologies provide a culturally responsive approach to the research. This approach accommodated local narratives and indigenous knowledges throughout the study. The findings from semi-structured interviews suggest that Cook Islands government organisations increasingly frame Aitutaki communities through the concept of ‘resilience’. Interviews with community representatives suggest that Aitutaki communities use indigenous knowledges to make sense of changes in their local environment, without always understanding the science-based notions of climate change. Engagement approaches such as ‘knowledge sharing’, could offer a pathway to increasing community autonomy and confidence in climate change discussions, whilst also contributing to enhancing socio-ecological resilience. To maintain a ‘critical’ political ecology approach, governmentality theory was used to explain how power relations might be embedded in resilience discourse. Insight is offered into how the government-community relationship could enable ‘technologies of government’ as the SRIC Programme progresses. It is suggested that the social conditions of Aitutaki communities could pose sites of resistance to governmentality. Recently implemented, the SRIC Programme demonstrates potential for supporting self-determined responses to climate change and enhancing socio-ecological resilience in Aitutaki.
The Political Economy of New Zealand’s Consumers Price Index
Authors:   , Higgs Corin
Published: November 2021

The structure of New Zealand’s Consumers Price Index has changed many times over its 100 year history. As New Zealand’s most influential and consequential official statistic the CPI performs political and distributional functions that affects ‘who gets what and when’. Some observers suggest that change in the structure of the CPI is merely the consequence of technological improvement which in turn alters the conduct of policy-making and politics.  This study turns that assumption on its head by demonstrating that it is politics that has altered the technology known as the CPI. Through the examination and evaluation of the changing political and economic context that the index operates within, this thesis work finds that the CPI was transformed by the very political forces it was designed to contain.  This thesis argues that because the index functions as political decision-making tool that supports the setting of salaries and wages, benefit levels and interest rates, change in the form of the index is a result of struggle among interests affected by these highly political decisions.  This thesis makes its case through analysis of primary sources and official documentation relating to the development of the index. The first case study tracks the origins of the first official index in 1914, devised in order to learn what it cost a ‘working’ family to meet its basic needs through its transformation into a tool that set wages and measured price change in the wider economy. This is reinforced by a study of change to the index since the 1970s, focusing on the use of the CPI in the conduct of monetary policy that resulted in a politically driven change to the measurement of household inflation. These case studies are further supported by examination of the secondary literature on price indexes, monetary policy and institutional change theory.  This thesis adds to the body of knowledge on theories of institutional change by presenting evidence of the conflict that has caused political change to the technology of the CPI.
Relocating Tokelau: Recreating Island Villages in the Urban/Suburban Settings of New Zealand
Authors:   , Huang Henry
Published: November 2021

Many Pacific Island communities face having to leave their homeland to other countries due to effects of climate change, extreme weather events, rising sea levels and the subsequent economic impacts. Tokelau, a country comprised of three small atolls in the South Pacific represents one of these effected communities. The extreme cultural shift from an incredibly isolated and densely populated environment where collective culture, elder governance and multigenerational living thrive, to New Zealand’s capitalist economy and individualistic family living has considerably challenged the traditional Tokelau way of living. The aim of the thesis is to develop a greater understanding of the role that architecture can play in facilitating; successful cultural relocation and preservation, and the strengthening of migrated community groups in foreign contexts. The thesis argues that the essence of a Tokelau village can be captured in the design of a Tokelau community centre in the suburban setting of New Zealand through; understanding and interpreting the culture and lifestyle of the Tokelau community in New Zealand through participatory design; designing hybrid Tokelau architecture which draws from traditional Tokelau construction, contemporary design and the built environment of New Zealand; embodying sociocultural Tokelau principles in design; and lastly, designing resilient community facilities for collective use that accommodate the cultural practices of the Tokelau community and the desires of all age and gender groups.
Local authority liability for flooding: Where should loss fall?
Authors:   , Brennan Sean
Published: November 2021

Flooding is New Zealand’s most frequent natural hazard the cost of which is outdone only by the recent Canterbury earthquakes. Local authorities are the bodies primarily tasked with protecting communities against flooding through a range of measures including physical works such as stopbanks. This essay explores the extent to which a local authority can be liable in tort where those physical works fail, causing damage. Direct liability and non-delegable duties are discussed, the latter addressing whether a local authority can nevertheless be liable having outsourced the construction of flood works to independent contractors. Additionally, whether local authorities should be liable for such damage or whether individual property owners ought to protect their own interests through insurance is discussed.This essay recommends that property owners should purchase private insurance, but that local authorities should remain liable at least for their own negligence.
Symptoms of neglect: Trust claims under the Limitation Act 2010
Authors:   , Comrie-Thomson Paul
Published: November 2021

New Zealand's limitation legislation was overhauled with the enacting of the Limitation Act 2010. Despite this comprehensive reform, the way in which trust claims are best to be addressed appears to have been largely overlooked in the reform process. Consequently, the multitude of historic issues that have plagued statutory provisions dealing with trust claims endure in the 2010 Act, with the few changes to the structure of drafting compounding these problems. This paper explores the policy considerations at work, and, by way of example, undertakes a thorough analysis of the exception for fraudulent breaches of trust in light of these policy considerations to illustrate some of the new problems that are bound to arise in practice. Given the numerous and significant difficulties, and the substantial implications for parties seeking to rely on these provisions, this paper argues that a broad reconsideration of the way in which trust claims are dealt with in the 2010 Act is urgently needed.
Hung out to dry? Questioning the legality of Southland baby-farmer Minnie Dean's 1895 murder trial and execution
Authors:   , Davis Sophie
Published: November 2021

In 1895 Minnie Dean became the only New Zealand woman to receive the death penalty. In the Invercargill Supreme Court she was found guilty of the murder of Dorothy Edith Carter, a child Minnie had recently adopted, who was found buried in her garden alongside two other infants. Branded a vindictive baby-farmer, Minnie Dean was widely condemned by the New Zealand press and public during the four months between her arrest and execution. This paper will assess whether, amongst the mania, Minnie was afforded a fair criminal trial and sentencing. It will be argued that while Minnie’s fate was largely predetermined from the moment of her arrest, against 1895 legal standards, correct criminal procedure was generally followed. Despite this, when comparing her trial and sentencing with contemporaneous murder trials, it is evident that Minnie Dean received no procedural clemency.
Regulation of prediction markets under the Financial Markets Conduct Act 2013
Authors:   , Farmer Kelsey
Published: November 2021

The Financial Markets Conduct Act 2013 (FMC Act) represents the most substantial overhaul of New Zealand’s securities law in recent history. The regulation of derivatives in particular featured high on the agenda as an area in need of reform and, as a result, the FMC Act is much clearer than the Securities Markets Act 1988 with respect to typical derivative agreements. The focus of this paper, however, is on the atypical: the use of derivatives in prediction markets. With a study of New Zealand-based prediction market iPredict, this paper examines whether iPredict will be regulated under the FMC Act and, if so, how it will be regulated. The conclusion reached is that iPredict can operate under the FMC Act only if the Financial Markets Authority (FMA) declares that its contracts are derivatives and grants substantial exemptions from regulatory compliance. This paper then makes recommendations for a more coherent approach to the regulation of prediction markets under the FMC Act.
Exploring the Role of the Customer in the Fuzzy Front End of Innovation
Authors:   , Harker Liam
Published: November 2021

The early stages of development for new advanced technologies are notoriously difficult to navigate and manage effectively in such a way that leads to successful commercial application. This paper explores how the use of flexible and exploratory frameworks based in customer engagement can provide valuable insights into how advanced technologies can be developed to solve validated market problems. The paper reflects on the challenges faced and lessons taken from our practical experience using this approach to develop advanced technologies emerging from within Victoria University of Wellington.
When the company causes harm: Effective corporate sentencing in a justice system based on individual fault
Authors:   , Graham Henry
Published: November 2021

The imposition of corporate liability is problematic in terms of both conviction and sentencing. Once convicted, it is still difficult to effectively sanction a corporation, as the artificial nature of the entity means it cannot be imprisoned. This problem is illustrated by the Pike River disaster and the relevant corporation’s conviction for nine health and safety offences. In that case, the defendant was insolvent, so no effective financial penalty could be imposed. This paper will consider the range of sanctions that could be used to effectively punish a guilty corporate defendant. A starting point for corporate sentencing would be the imposition of a financial penalty (both reparation orders and fines). However, if the company is insolvent, this may be ineffective. There are several mechanisms which could be used to overcome the issue of insolvency, but the court should also consider various non-financial penalties and the imposition of sanctions against individuals. The court may be able to adequately punish a company if a variety of penalties is used.
How (Not?) to Adapt Chekhov: Adventures in Dramaturgy
Authors:   , Ridley Nathaniel
Published: November 2021

Despite rapid growth of adaptation theory in the last two decades, there is a gap in the field. Books like Linda Hutcheon’s A Theory of Adaptation (2006) and Julie Sanders’ Adaptation and Appropriation (2006) approach adaptations from an audience’s perspective, describing the effects of the adaptation process and providing a robust taxonomy, identifying all of different forms that adaptation might take. They do not, however, describe the details of the process of adaptation itself, even though they often refer to the need for a process-oriented account of adaptation. Existing adaptation manuals focus on screen-writing, leaving someone with an interest in the specifics of adapting a play nowhere to turn. This paper begins to address this gap in the available knowledge by documenting the adaptation process involved in the creation of four new adaptations of Anton Chekhov's Uncle Vanya, targeted at a New Zealand audience.  The experiments presented here confirm what is suggested by a survey of the reception of English-language adaptations of Chekhov: there is no single correct method for adapting a play. An adapter's greatest challenge can be identifying which strategy is appropriate for the conditions they face. This project experiments with different adaptive methods and strategies, developed by looking at other English-language Chekhov adaptations, including techniques of approximating the setting, language and themes to a target audience. I attempt to identify which methodologies will achieve the desired results, revealing a variety of different challenges, advantages and weaknesses inherent to each approach. Moreover, both the research and the experiments suggest how the success or failure of an adaptation depends on a variety of contextual factors, including the target audience's relationship with the adapted work, the dramaturgical characteristics of that work, and the abilities of the adapter.
We the people? - Theorising constitutional democratic legitimacy to reflect on and enrich New Zealand's constitution
Authors:   , Lockie Georgia
Published: November 2021

This paper explores the concept of constitutional democratic legitimacy and the democratic legitimacy of New Zealand’s constitution in particular. In so doing, it considers Bruce Ackerman’s constitutional theory in We the People, Volume 1: Foundations and the criticisms it has provoked to develop a theoretical framework of three constitutional models (monism, dualism and rights foundationalism) that can be used to assess constitutional democratic legitimacy. It then utilises this framework as a tool for analysing New Zealand’s constitutional arrangements, observing that New Zealand has a particularly sophisticated monist constitution, noting s 268 of the Electoral Act 1993 and the adoption of MMP voting as particular institutional examples. Nevertheless, it is recognised that New Zealand’s constitution may still be critiqued in terms of its claim to democratic legitimacy through the alternative perspectives of monism (focusing on remaining flaws in New Zealand’s electoral system), dualism (focusing on the absence of avenues for binding public constitutional participation) and rights foundationalism (focusing on the constitutional place of the Treaty of Waitangi). Alternative suggestions for reform are offered.
Transaction cost implications of two approaches to forests in climate change policy: New Zealand and California
Authors:   , Chiono Anton A.
Published: November 2021

New Zealand and California present an opportunity to assess how two different designs for incorporating forests in climate policy affect transaction costs for participants in the forest sector. Forests play a prominent role in achieving the greenhouse gas (GHG) emissions reduction goals established by each policy. In New Zealand, the forest sector provides an important option for domestic GHG emissions reductions in an economy where opportunities in other sectors, like agriculture and energy, may be limited. In California, offsets from forests are projected to have the greatest technical potential of any approved offset project type, and will be an important option for reducing the costs of compliance in regulated sectors. This research investigates the different approaches taken by New Zealand and California, the circumstances surrounding each policy, and the transaction cost implications for forest participants under each programme.
Victim Participation at the Extraordinary Chambers in the Courts of Cambodia: Challenges to the Civil Party Framework and Lessons for the Future
Authors:   , Neale Laura
Published: November 2021

This paper examines the victim participation framework at the Extraordinary Chambers in the Courts of Cambodia (ECCC or Court), established to deal with crimes during the Khmer Rouge regime. The background which has led to the creation of the ECCC will be explained, before the paper will look at the way the Court is structured to include civil parties. The Court has consistently limited the civil parties’ role since its establishment and these limitations and the justifications are outlined in the paper. Solutions in the context of the ECCC are then considered, although due to the political environment, no changes in favour of victim rights are likely. Future models are considered, with the benefits of a Truth and Conciliation Commission’s analysed by looking at Sierra Leone and East Timor, as examples of successful frameworks where both a Court and a Truth and Reconciliation Commission proceeded simultaneously. This paper concludes that although every situation requiring a judicial response will be different, the option of having both a Court and a Truth and Reconciliation Commission can fulfil multiple victim needs.
He oro hauora: How do kaupapa Māori models of health relate to my music therapy practice in an adolescent acute mental health unit?
Authors:   , Hodgson Nolan
Published: November 2021

This project explores the relationship between understandings of health within kaupapa Māori frameworks and music therapy with a particular focus on Durie’s Te Whare Tapa Whā (1998), Pere’s Te Wheke (1991) and ecological perspectives in music therapy. This research took place within an acute adolescent mental health unit that operates with a model of healthcare that emphasises Māori approaches to wellbeing. Secondary analysis of data involving techniques developed within grounded theory is used to investigate clinical notes from my music therapy practice in order to identify processes relevant to the four dimensions of Te Whare Tapa Whā. Themes that emerged were examined and used to investigate further data until a clearer picture of the relationship between music therapy and kaupapa Māori health frameworks became evident. This project particularly acknowledges the unique qualities of music and its practical application in music therapy in order to address and support a person's wairua within modern mental health practices. Specifically, the concepts of mana, mauri and whatumanawa appeared particularly relevant to the process of music therapy and the state of whakamā also emerged as significant within this mental health context. Parallels between kaupapa Māori understandings of health and ecological perspectives within music therapy were also noted and particular reference made to the work of Carolyn Kenny and her Field of Play (2006) model in developing the discourse linking indigenous perspectives with the music therapy profession.
Everyday Life in the Ancient World: Four Re-Collections
Authors:   , Jenner Lynn
Published: November 2021

The thesis is made up of four separate but related texts recording the author’s investigations of loss, searches and re-constructions. Questions of ownership are also examined, with particular reference to objects of cultural and artistic significance. The Holocaust is a major focus, especially attitudes of the New Zealand government and New Zealanders themselves to the refugees who wished to settle here before and after World War II.  The thesis is a hybrid of critical and creative writing. The first three texts, “The autobiographical museum”, “History-making” and “Cairn”, are also hybrid in genre, containing found text, new prose and poems, discussion of other writers’ work and the author’s experiments in ‘active reading’. The fourth text is an Index which offers an alternative reading of the other three texts and helps the reader to locate material. While somewhat different from each other in form, all texts focus on the activity of gathering objects and information. All four texts are fragmented rather than complete.  Interviews with curators, education officers and CEOs in two Australian museums that have Holocaust exhibits provided information on the aims and processes of these exhibits. Meetings with six Holocaust survivors who act as volunteer guides in museums and reactions of visitors to the museums provided other perspectives on the work of the museums. The author also reports on visits to the Holocaust Gallery at the Auckland War Memorial Museum and the Holocaust Centre of New Zealand in Wellington.  Activity Theory, a cultural-historical model often applied to the analysis of learning and pedagogy, is used in the thesis as a metaphorical backdrop to the author’s own activity. The author’s focus on intentions, tools, processes, division of labour and financial pressures reflects the influence of Activity Theory as does the author’s willingness to let understanding take shape gradually through tentative conclusions, some of which are later overturned.  Over the period of the research, records of the past are recovered and re-examined in the present, as was intended. Individual and collective memory, including archival records, fiction and poetry are resources for these investigations. The author receives an object lesson in the power of the informal networking role of the Holocaust Centre of New Zealand, as well as benefiting from its formal displays and materials.  During the research the author writes records of the present because it seems necessary to do so. By the time the research ends, these have become records of the past – an outcome which Emanuel Ringelblum would have predicted but was a surprise to the author.
The Potential of Utilising Residential Demand Response to Balance the Fluctuation of Wind Power in New Zealand
Authors:   , Alzaanin Hatem I.
Published: November 2021

The substantial penetration of wind power introduces increased flexibility requirements on the power system and puts increased pressure on the instantaneous reserve levels required. Instantaneous reserves are a security product that ensures that electricity demand can continue to be met in the event of unplanned generation or transmission interruptions. This reserve must be available to respond very quickly to generation-demand variability. While this is an integral component of the power system, providing instantaneous reserve increases the production cost of power. More calls from energy researchers and stakeholders ask for loads to play an increasingly important role in balancing the short timescale fluctuations in generated wind power. The purpose of this study is to assess the current level of demand responsiveness among domestic refrigerators, freezers, and water heaters and their potential to contribute towards instantaneous reserve and balance the fluctuation of wind. Refrigerators, freezers, and water heaters can generally store energy due to their thermal mass. Interrupting these domestic loads for short time by employing direct load control strategies makes it possible to control these appliances by turning them on or off before their reach their maximum or minimum temperatures or by slightly modifying their temperature set point. Using this strategy helps to ensure that the overall satisfaction of consumers should not be affected. This study first modelled the load profiles of the participated residential appliances and statistically assessed the potential of controlling these residential loads using direct load control strategies to contribute towards instantaneous reserves to mitigate and balance the fluctuation of wind power in the years: 2014, 2020 and 2030. In the second section, it demonstrated the capabilities of the assessed residential responsive loads within Wellington Region network to compensate for and balance the fluctuation of wind power generated from the West Wind Farm in seven selected days in 2013-2014 as a showcase. Such technology can enable a power system operator to remove the burden of both providing instantaneous reserve from conventional sources, and instead maintain such capacity from available residential demand response. The study ends with recommendations to engage residential loads in fast timescale demand response and suggests directions for future research.
How information affects attributions for ambiguous behaviours resulting from stroke
Authors:   , Gallagher Jake
Published: November 2021

Research has shown that when people see young survivors of stroke, they often misattribute the person’s symptoms to other factors (Wainwright et al., 2013). Consequently, these stroke survivors may suffer feelings of resentment towards, and from their acquaintances. They may also struggle to obtain or retain a job. This thesis examines whether these misattributions for stroke survivors’ symptoms are affected by the information people have about the stroke survivor and the rapidity of the change in their behaviours. Experiment 1 investigated if the stroke survivor’s age (72, 32 or unstated) and the level of information (no information, implied stroke or explicit stroke) for their behaviours influenced people’s attributions. Experiment 1 showed that people attributed the behavioural changes to factors other than stroke when no additional information is present, and they attributed the behaviours to stroke when stroke was explicitly described. When stroke was implied, participants rated stroke as the best explanation but only when the target person was 72. Experiment 2 manipulated the rapidity of the stroke survivor’s behavioural changes to assess the effect on attributions. Experiment 2 showed that people attributed the behaviours to stroke more if only one week had passed, and if the target person was 72, but not when he was 32. It was concluded that young stroke survivors may need to disclose their stroke in order for others to correctly attribute their behaviours, as this could improve their rehabilitation.
Contextual factors affecting the development of digital library education in Vietnam
Authors:   , Do Van Hung
Published: November 2021

In Vietnam the need for digital library education (DLE) has increased significantly in the last two decades. Educating staff to establish and manage digital libraries has become a critical issue. However, there are no DLE programmes offered by library and information management (LIM) education providers in Vietnam and we do not know why this is the case. The aim of this study is to investigate and understand the factors affecting the development of DLE for LIM practitioners in Vietnam.  The interpretive study employed a qualitative approach and its findings are based on the analysis of data gathered in 17 individual interviews and 11 focus groups with key stakeholders, as well as from documentary evidence. The stakeholders involved in this study include LIM practitioners, LIM managers, LIM lecturers, library school deans, government policy makers, academic library directors, professional association chairpersons and LIM students. To guide the data gathering and analysis, an initial conceptual model of factors affecting DLE was developed from three sources: Fullan’s Educational Change theory, Nowlen’s Performance Model in continuing education for practitioners, and Rogers’s Diffusion of Innovations theory.  The study found seven major factors were affecting the development of DLE in Vietnam: the government, the information technology infrastructure, the prevailing social and cultural values, the efforts of change agents, the attitudes of key stakeholders, the characteristics of DLE design, and the nexus of the educational needs of library staff and the libraries in which they were working. Of these the government factor was the most influential. These factors were inter-related and affected DLE development at different levels.  The initial conceptual model was revised based on the study's findings. The revised model provides a contribution to educational change theories relevant to the identification and understanding of factors affecting professional educational programmes in universities in developing countries. The study’s findings are also of value to governments, libraries, library schools and library associations for developing relevant policies and new curricula for DLE, and for establishing new professional development programmes in DLE for library staff.
Supporting the use of algorithmic design in architecture: An empirical study of reuse of design knowledge
Authors:   , Globa Anastasia
Published: November 2021

This thesis tests the reuse of design knowledge as a method to support learning and use of algorithmic design in architecture.  The use of algorithmic design systems and programming environments offer architects immense opportunities, providing a powerful means to create geometries and allowing dynamic design exploration, but it can also impose substantial challenges. Architects often struggle with adopting algorithmic design methods (translating a design idea into an algorithm of actions), as well as with the implementation of programming languages, the latter often proving frustrating and creating barriers for both novice and advanced software users.  The proposition explored in this thesis is that the reuse of design knowledge can improve architects’ ability to use algorithmic design systems, and reduce the barriers for using programming. This study explores and compares two approaches as a means of accessing and reusing existing design solutions. The first approach is the reuse of abstract algorithmic ‘Design Patterns’. The second is the reuse of algorithmic solutions from specific design cases (Case-Based Design).  The research was set up as an experimental comparative study between three test groups: one group using Design Patterns, a second group using Case-Based Design, and the control group. A total of 126 designers participated in the study providing sufficient numbers within each group to permit rigorous studies of the statistical significance of the observed differences.  Results of this study illustrate that the systematic inclusion of the Design Patterns approach to the learning strategy of programming in architecture and design, proves to be highly beneficial. The use of abstract solutions improves designers’ ability to overcome programming barriers, and helps architects to adopt algorithmic design methods. The use of Design Patterns also encourages design exploration and experimentation. The use of the Case-Based Design approach seems to be more effective after designers and architects, who are novices in programming, gain more experience with the tool. It encourages more focused reasoning, oriented to the realisation of a particular (originally intended) design outcome.  The contribution of this research is to provide empirical evidence that the reuse of abstract and case-based algorithmic solutions can be very beneficial. Results of this study illustrate that both reuse methods can be strategically integrated into design education and architectural practice, supporting learning and use of algorithmic design systems in architecture. The study also identifies potential weaknesses of each approach, proposing areas which could be addressed by future studies.
Attorney_General and Gow v Leigh : lifting the veil of parliamentary privilege and Parliament's response
Authors:   , Fonua Seinimili Tu'i'onetoa
Published: November 2021

Parliament in its exclusive cognizance can legislate for anything it sees fit. However this paper finds that the New Zealand Parliament had the opportunity in Attorney-General and Gow v Leigh to balance political needs and respect for individual rights rather than to adopt a reactionary attitude in enacting the Parliamentary Privilege Act 2014. It would be appropriate for Parliament to closely examine the efficacy of the “necessity test” in Leigh in the light of the implication of the codification of the definition of “proceedings in parliament” on the scope of parliamentary privilege as the experiences by the Australian jurisdictions showed. On the other hand, the court’s obligations under the Bill of Rights Act, 1990 might result in the Parliamentary Privilege Act 2014 being interpreted in ways that the lawmakers might not have intended. This paper examines the public/private dichotomy between the public interest justification for parliamentary immunity and the individual’s right to have access to remedy, in the context of the underpinning features of the “necessity” test that give precedence to basic individual rights. The test being; any claim for absolute privilege for an occasion that occurs outside absolutely privileged spheres (Parliament and its committees) that could result in depriving citizens of their basic rights, had to be necessary as in the sense of “essential” for the proper functioning of the core roles of the House. In conclusion, this paper finds that the contentious issues revolve around comity. It then attempts to address the interests of the three stakeholders in the Leigh decision; the individual citizen, the judiciary and the legislature by recommending a number of comity “best practice” reforms to the House’s Standing Orders and the Parliamentary Privilege Act 2014.
Cyber warfare and the law of armed conflict
Authors:   , Grange Miranda
Published: November 2021

This paper discusses cyber warfare and its intersection with the law of armed conflict. Cyberspace creates a unique battlefield with many challenges. This paper tackles four of these challenges: distinguishing warfare acts from criminal activities; what amounts to an armed attack in cyberspace that justifies a State’s right to selfdefence; target distinction; and direct participation in cyber hostilities. It is the author’s determination that the law of armed conflict does apply in cyberspace however two additional changes are needed for the traditional laws to have any practical effect. These two variations include the extension of the traditional criteria of armed attack to include severe data loss as tangible property damage; and reexamining the framework of direct participation.
IT Project Governance and Stakeholder Conflict Resolution
Authors:   , Johnstone David
Published: November 2021

IT projects have long been problematic, particularly as they have grown in size and complexity, frequently integrating several organisational functions, and often involving many stakeholders as a result. A common problem with large, complex IT projects is stakeholder conflict. Unless conflict is resolved effectively, there is a risk that the project will suffer delays and struggle to make progress. The purpose of this study is to investigate the role that environmental factors, such as culture, power, and history, play in conflict resolution. This study also examines how IT project governance can moderate the negative effects of environmental factors, and facilitate more successful conflict resolution. A systems perspective is used to represent the research framework. A positivist, qualitative research method using three case studies is used to examine the nature of conflict resolution in IT projects, comparing and contrasting outcomes. IT project governance arrangements (policies, authority structures and mechanisms) are found to be critical to the way stakeholder conflict is resolved
The State Collections of Colonial New Zealand Art: Intertwined Histories of Collecting and Display
Authors:   , Rice Rebecca
Published: November 2021

This thesis explores the collecting and exhibiting of colonial art (before 1908) by New Zealand's state institutions: the Colonial (later Dominion) Museum; the Alexander Turnbull Library; and the National Art Gallery. It recovers evidence of the provenance of works of art within the state collections and accounts for acquisitions in terms of the ideological interests they serve, interests which reflect the intellectual concerns of the key individuals and the historical and political circumstances within which they worked. It examines how works of art were displayed in the institutions themselves, and in other exhibitions, including international exhibitions, both locally and abroad, from 1865 to 1940. This allows for analysis of the 'use' to which colonial art was put by the state, while investigation of the related contemporary discourse provides evidence of its reception and interpretation by critics and audience. This study employs a variety of analytical strategies, including: the place of class in relation to the colonial art world; the aesthetics of 'space' and the practicalities of exhibition in the colonial period; the shifting ground of what constitutes 'art', in particular 'New Zealand art', in the period under study; and the fluctuating, often problematic, status of much colonial art as both 'information' and as 'art'. Consequently, while informed by international scholarship, this thesis needed to adapt models formed for the explanation of metropolitan museology to accommodate the unique nature of the colonial experience in New Zealand. It concludes that, in contrast to many European institutions, the state was largely content to use New Zealand's art as information - as illustration of the colony's natural wonders and resources - and that no real attempt to define a national art history was initiated until the centennial celebrations of 1940. Significantly, this thesis does not just consider the evolution of one state institution. Rather, it recognises that the histories of New Zealand's cultural institutions - Museum, Gallery and Library - require a consideration of their development in relation to one another. This reveals a history of interconnectedness that reflects the complexity of colonial culture, and which ironically prefigures the challenge posed by colonial art to the postmodern descendent of the Museum andGallery - the Museum of New Zealand Te Papa Tongarewa.
Impact of Macro and Micro Governance Structures on Earnings Management
Authors:   , Houqe Muhammad Nurul
Published: November 2021

This study examines the macro and micro level determinants of the quality of reported earnings. The prior literature suggests that both micro and macro variables impact on discretionary accruals choice in managing earnings. However, most of the studies on earnings management have been single country studies that have focussed only on micro variables as all firms within the samples examined have been subject to the same interplay of macro economic, legal, cultural and institutional frameworks. This study addresses this gap in the literature by using a sample of 156,906 firm year observations from 63 countries over the period 1998-2007 to examine the role of thirteen micro and macro variables in determining earnings quality.

The macro variables studied include legal enforcement, political system, and control of corruption, culture and adoption of IFRS. Earnings management is estimated using the modified Jones model (Dechow et al. 1995) in a cross section (DeFond and Jiambalvo 1994; Francis et al. 1998).

The results of the study indicate that macro and micro level variables have a strong impact on earnings management behaviour and thus earnings quality. The limits imposed by a country's legal, cultural and institutional setting on managerial discretionary accruals choices, strongly impact the quality of reported earnings. Future research on earnings management should therefore control both micro and macro level variables.
Managing Risks of Violence in Decriminalised Street-Based Sex Work: a Feminist (Sex Worker Rights) Perspective
Authors:   , Armstrong Lynzi
Published: November 2021

It is widely understood that street-based sex workers are vulnerable to experiencing violence in their work. The Prostitution Reform Act (PRA) was passed in New Zealand in 2003, decriminalising sex work with the intention of supporting the health, safety, and human rights of sex workers. This thesis explores strategies to manage risks of violence amongst women working on the streets in New Zealand, considering how the law change has impacted on the management of these risks, and whether further change is required to better support the safety of street-based sex workers. Drawing from the perspectives of women working on the streets, this thesis challenges portrayals of street-based sex workers as passive recipients of violence. The experiences and perceptions of these women highlight the diverse violence related risks they managed from a range of potential perpetrators, including passersby, individuals approaching as clients, other sex workers, and minders. The shift to decriminalisation has not eliminated violence. However, the findings suggest that the law change has provided a framework that better supports existing risk management strategies. For instance, in removing the possibility of arrest for soliciting, the PRA has provided an environment in which these women have sufficient time to screen potential clients on the street. Moreover, the perceptions of these women suggest that the law change has to some extent improved the relationship between police and street-based sex workers. Nevertheless, whilst decriminalisation has created anenvironment more conducive to sex worker safety, it is clear that challenges remain in addressing violence against sex workers. Since the sex industry does not operate in social and political isolation, moral discourses continue to stigmatise and threaten the wellbeing of street-based sex workers. The overall conclusion of this thesis is that whilst decriminalisation was an important first step, moving forward to proactively challenge violence against street-based sex workers requires a paradigm shift away from discourses that support violence, to a more positive acceptance of street-based sex work in New Zealand society.
Assessment of Earnings Conservatism in Malaysian Financial Reporting
Authors:   , Kamarudin Khairul Anuar
Published: November 2021

This study examines four influences on earnings conservatism of financial reporting in Malaysia. The study employs a sample of 3,126 firm-year observations of Malaysian listed companies over the period 2003 to 2008 and measures conservatism by the asymmetric timeliness of earnings measure due to Basu (1997). First, the study assesses the degree of earnings conservatism in reporting during the period following the institutional reforms which started after the 1997 Asian financial crisis. The results suggest that conservatism has increased with the reforms which contrasts with the findings of Ball et al. (2003) who find no evidence of earnings conservatism in Malaysia. Second, this study investigates the effect of the adoption of IFRS on the level of earnings conservatism. The results show no systematic difference in the level of earnings conservatism for the short period of one to two years before and after the adoption, suggesting that conservatism may not be specific to any particular set of accounting standards. Third, this study examines the effect of ownership structure on earnings conservatism. Reporting by family firms and widely-held firms exhibits earnings conservatism, but this is not the case for state-controlled firms. The analysis also shows no significant difference between the levels of earnings conservatism for family firms and widely-held firms. Additional tests show that family firms that are strategically controlled by a family, that is, where a member of the controlling family acts as CEO and chairman of the corporate board, report significantly higher earnings conservatism than other family firms.

Finally, the study examines the link between corporate governance and earnings conservatism. Employing a comprehensive set of corporate governance variables, this study does not find any evidence to link corporate governance and earnings conservatism. This result is contrary to the evidence from developed markets, such as the United States and the United Kingdom, where firms with good governance are more timely in recognising bad news. This raises the possibility that the different ownership structures in Malaysia make corporate governance reforms less important. However, this suggestion is subject to environmental and cultural issues that have not been addressed in this study.
Vocal Communication Within a Forest Bird Community
Authors:   , Azar Joseph Fawzi
Published: November 2021

This thesis takes a community approach to investigate the acoustics of forest birds in Zealandia sanctuary, Wellington. Initially, the annual changes in vocalisation output of 16 study species and their possible effect on bird conspicuousness were described. Environmental factors that may shape these avian vocalisations were addressed though invoking two key hypotheses, the acoustic adaptation hypothesis, and the acoustic niche hypothesis. In addition, the songs of selected species are investigated: the role of song harmonics in the native North Island saddleback, Philesturnus rufusater, and their role in ranging, change in song dialect through time and space in the introduced song thrush, Turdus philomelos, and temporal change in the song of the native grey warbler, Greygone igata. Vocal activity of the study species varied seasonally, affecting their detectability in bird counts. Some species were mostly first heard rather than seen and viceversa. The results lend support to the acoustic niche hypothesis in that vocalisations within the forest bird community appear to have evolved towards divergence, with native species’ vocalisations being more dispersed within the community acoustic space than those of the introduced species. However, all species concentrated their energy within relatively narrow frequency bands, supporting the predictions of the acoustic adaptation hypothesis. Adaptation to different transmission properties associated with different singing elevations or physiological parameters such as body weight may have an effect on shaping such bird vocalisations.

Forests provide a complex acoustic space for sound transmission and a “sound window” may not be a constant property of a given forest. The study revealed that a prominent sound window persists in the lower frequency range that is less affected by habitat. Some high frequencies may have similar average attenuation values to those of low frequency, however, with greater fluctuation in attenuation. Ground effect is a further factor in determining how well different frequency ranges transmit and birds may use acoustic characteristics of their habitat to enhance their signal.

Harmonics in North Island saddleback chatter song were found to play a potential role in ranging (estimating the distance of signaller), for playback songs with more relative energy within higher harmonics were evidently perceived as coming from a nearby individual.

The repertoire size of the song thrush population studied in Zealandia has apparently evolved to become larger and more varied than the source population of song thrushes in the UK, with more syllables delivered with less repetition than the UK song recordings examined.

Over a period of 7 years, syllables in grey warbler song have shifted to a higher frequency, but there was no difference in the temporal structure of the song. Habitat effect, competition on the acoustic signal from reintroduced birds and ambient noise level are considered as possible casual factors.