bluuebunny/crossref_metadata_2025 huggingface dataset:
Freedom of hate speech: The First Amendment, Snyder v Phelps and beyond
Authors:   , Schoeller-Burke Tara
Published: November 2021

This paper assesses the United States position on the protection of hate speech under the First Amendment and questions whether, in light of the harm hate speech causes and the inconsistencies with free speech rationales, the position is justified. The most recent Supreme Court pronouncement on the issue is Snyder v Phelps which this paper utilizes as an exemplar of the state’s aversion to regulating speech on the basis of content. The ultimate thesis of this paper is that while hate speech is a complex issue, especially given the United States constitutional climate, complete lack of regulation leaves an appreciable harm without a remedy. The approach in the United States can no longer be justified in reliance on oft cited free speech rationales. Though international experiences in hate speech regulation have not been without their difficulties, it serves to illustrate the point that regulating some forms of speech on the basis of content does not necessarily result in the “chilling effect” that heavily concerns First Amendment scholars.
The implications of a supreme law Bill of Rights for judicial appointments in New Zealand
Authors:   , Bull Juliet
Published: November 2021

The enactment of a supreme law Bill of Rights in New Zealand would have significant implications for the process of appointing judges. This essay contends that the present judicial appointments system is insufficiently transparent and offers too few safeguards to prevent judicial appointments from becoming politicised. It draws on Canada's experience after enacting the Canadian Charter of Rights and Freedoms to illustrate why reform is needed. Ultimately, it is contended that the adoption of a supreme law Bill of Rights in New Zealand should be accompanied by the creation of a judicial appointments commission.
Judicial Discretion in Sentencing: A Justice System that is No Longer Just?
Authors:   , Mallett Sean J.
Published: November 2021

One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.
The price we pay for a specialised society: Do tax disputes require greater judicial specialisation in New Zealand?
Authors:   , Miles Sarah
Published: November 2021

In recent years, a review of the Judicature Act and the introduction of the Judicature Modernisation Bill have enlivened the debate over the structure and character of the New Zealand court system. A key issue that the recent review and reforms have brought to the fore is whether greater judicial specialisation is advantageous at the High Court level. This paper considers whether tax cases, in particular, warrant greater judicial specialisation. The paper draws from experiences of specialised tax adjudication in foreign jurisdictions and evaluates the efficacy of existing specialisation in the New Zealand system, as well as considering whether the nature of tax law lends itself to specialisation. The conclusion is that greater judicial specialisation in respect of tax cases is undesirable. Admittedly, specialisation has been effective in many foreign jurisdictions and many characteristics of tax law favour specialisation. Yet, specialisation would come at a price in terms of the independence of tax judges and the development of idiosyncratic law. Moreover, New Zealand’s size would decimate the benefits that it could gain from further specialisation, particularly when the disputes process and the Taxation Review Authority already incorporate an effective level of specialisation to the resolution of tax disputes in New Zealand.
Appointment, discipline and removal of judges: A comparison of the Swiss and New Zealand judiciaries
Authors:   , Suter Benjamin
Published: November 2021

This paper gives an overview of the legal system of Switzerland and then compares the judiciaries of Switzerland and New Zealand. As far as Switzerland is concerned, it covers both the system of the Swiss Federation and the systems in the Cantons. After analysing the powers enjoyed by the judiciary via the legislature, the paper examines the appointment of judges in detail. The author explains how in Switzerland openly political and other considerations are weighed in the course of electing judges and how the appointment of lay judges is balanced with an active role of law clerks. In contrast, New Zealand has a proud tradition of apolitical judicial appointments that are made solely based on merit. The author criticises that Swiss judges are elected for a term of office, whereas New Zealand judges enjoy the security of tenure and thus, a greater judicial independence. Lastly, the paper covers the removal and discipline of judges, where the author, while he commends the recent reform in New Zealand, speaks out for a system where the ultimate decision is given to an independent judicial body rather than a parliament.
A Common Market Problem Becomes More Common: the Trans-Tasman Proceedings Act 2010
Authors:   , Webb Matthew
Published: November 2021

As part of a wider process of economic integration and the move towards a single integrated economic market, Australia and New Zealand entered into bi-lateral treaty in 2008 in order to resolve existing issues with the reciprocal enforcement of civil judgment which had arisen between the two countries. Labelled the “Christchurch Agreement” this treaty was incorporated by both countries into their domestic law in 2010 and now governs the allocation of disputes between Australia and New Zealand, where the parties are located within the common market of Australia and New Zealand and inter-state enforcement of civil judgments more generally. The Trans-Tasman Proceedings Act 2010 (Cth) and (NZ) (“TTPA”), will arguably provide significant benefits by reducing barriers to trade and improving the economic prosperity of both countries. However it is argued that, similar to other common market reciprocal enforcement schemes (such as the Brussels Model in the European Union), Australia and New Zealand failed to consider the impact of the outer world problem. The outer world problem is a recurring theme in common market arrangements, and results from a failure to provide generic proportionate jurisdictional test for cases involving foreign defendants sued in a common market state. The result is excessive jurisdictional rules within a particular state can potentially result in proceedings being retained where there is a strong argument the dispute is more closely connected with another forum. The resulting judgment (should judgment in the plaintiff’s favour be granted), can then be quickly enforced throughout the common market (specifically New Zealand) to the disadvantage of the defendant. The outer world problem is clearly present under the TTPA scheme, beginning in Australia and cumulating in enforcement of the judgment in New Zealand. It remains present even in the case of international commercial contract disputes. This is unfair and discriminatory towards foreign defendants, and arguably justifies reform, or at least discussion and justification of this approach.
Judicial Dictatorship: Potential Institutionalisations of the Constitutional Review Process
Authors:   , Cranney Stephen
Published: November 2021

This paper concerns constitutional review of legislation, a widely discussed issue within comparative constitutional law. Specifically, this paper addresses the issue of the lack of democratic legitimacy that U.S. style judicial review has and the potential lack of stability that other weak form constitutional review mechanisms have. Three constitutional review procedures are proposed in this paper, with the commonly overlooked executive branch playing a central role in each review mechanism. These proposed procedures aim to solve democratic legitimacy and stability issues. While all three arguably accomplish the mentioned goal, the paper addresses the issues each proposed mechanism has before defending the leading mechanism. The paper offers a possible solution to the seemingly unresolvable tension within constitutional review of parliamentary sovereignty and judicial supremacy. The described mechanisms and the outcomes they produce seems to show that democratically based constitutional review is possible and it is not necessary to rely on unelected judges to ensure that constitutional rights are maintained. Ultimately, this paper aims to show that a redistribution of constitutional review power among all state organs is the best way to ensure that legislation conforms to constitutional norms.
Judicial Enforcement of Children’s Socio-Economic Rights: Possible Effects on Child Poverty in New Zealand
Authors:   , Macaulay Sophie
Published: November 2021

This paper explores the idea of judicially enforceable socio-economic rights for children in New Zealand. Child poverty is an issue that has received increasing attention in New Zealand in recent years, and judicial enforcement of socio-economic rights for children is one way in which children’s socio-economic rights might be better realised. This paper identifies New Zealand’s international obligations towards children and draws on the work of children’s rights theorists. It argues that children are a unique category of rights-holders, and that this justifies prioritisation of judicial enforcement of their socio-economic rights. It explores the different ways in which courts have approached socio-economic rights enforcement, and makes a proposal as to how this might work in New Zealand. It concludes that the effect of judicial enforcement of children’s socio-economic rights on child poverty levels in New Zealand will depend on the type of remedy the courts choose to implement.
Suspension orders as a form of "constitutional dialogue"
Authors:   , McKenzie Thomas
Published: November 2021

This essay argues that New Zealand’s courts, when considering constitutional matters on which there is no domestic jurisprudence, should draw upon foreign jurisprudence where the principles informing foreign judicial decisions on similar subject-matter are principles of the New Zealand legal system. This essay explores this idea with reference to the principle of “constitutional dialogue”, which legitimises judicial orders that suspend declarations of constitutional invalidity thereby giving temporary effect to unconstitutional statutes. It first explains how “constitutional dialogue” can both describe and lend legitimacy to the interactions between the executive, legislature and judiciary in New Zealand. Drawing upon the Canadian, South African and Hong Kong “suspension order” jurisprudence, it then explains how these orders facilitate a “dialogue” between the different branches of government. Finally, the essay criticises the New Zealand High Court’s decision in Spencer v Attorney General in which the Court held that the Human Rights Tribunal could not grant “suspension orders” that validated unlawful government policies. In particular, the essay focuses on the Judge’s failure to recognise “constitutional dialogue” as the principle that underlies the decision to grant these orders in foreign jurisdictions, which would have allowed her Honour to follow Canadian authority when reaching her decision.
Whāia te mātauranga - How are research libraries in Aotearoa New Zealand applying Ngā Ūpoko Tukutuku / the Māori Subject Headings and offering them to users?
Authors:   , Bryant Melissa
Published: November 2021

Ngā Ūpoko Tukutuku/the Māori Subject Headings (MSH) were released in 2006, with the aim of “provid[ing] a structured path to subjects that Māori customers can…use to find material in libraries…using terms familiar to Māori and arranged in a hierarchy that reflects the Māori view of the world”. The project is a world leader and internationally well-regarded, but very little literature has been published evaluating the uptake and use of the MSH.  I talked with staff in wānanga, university, public, and special libraries, to explore how research libraries are applying the MSH and offering the MSH to their users, when adding metadata, providing reference and research services, or supporting library users to search independently.  Libraries employed diverse approaches tailored to their specific users, but participants consistently emphasised the importance of the MSH, advocated for further development of the thesaurus, and hoped for more training and information sharing between libraries.  Results are discussed in terms of four questions - What is working well? What could work better? What are the benefits of this work? What further questions do we need to answer?  Suggestions for further research include broader assessment of the actual and potential uptake of the MSH in libraries and other memory institutions, discussion with library users, and consideration of the future development of the MSH.
Adoption of Māori digitised resources by polytechnic Māori students and staff
Authors:   , Heavey Karn
Published: November 2021

Research problem: Little is known about Māori digitised resources. The objective of this research was to explore the factors that influence Māori students’ and staff decisions to use or not use Māori digitised resources within a polytechnic and to examine the ways in which they are used and identify the reasons for their use.   Methodology: An indigenous paradigm called Kaupapa Māori research and the Māori Tertiary Education Framework were used to investigate the viewpoints of the participants. Additionally, Rogers’ diffusion of innovations theory was used to understand aspects about how and why participants adopt and use digitised resources. Semi-structured interviews were used to gather data from a purposive sample of five Māori students and four Māori staff.  Results: Several factors such as teaching Māori research, learning Te Reo Māori and personal reasons positively influenced the attitude of individuals to enjoy using Māori digitised resources. Most individuals felt comfortable using them and several suggestions were made around improving their use and these included training, technologies enhancements and further investigation.  Implications: The digital shift from using traditional methods to using the internet to find and use Māori digitised resources is having an effect on library users. It has changed the way Māori have access to Māori digitised resources and will continue to influence how Māori students and staff learn.  Further investigation should be undertaken to see how Māori students and staff at other New Zealand polytechnics and University use Māori digitised resources.
Effect of Series Active Voltage Conditioners on Modernized Grid
Authors:   , Ahmed Mostafa Ahmed Nazih
Published: November 2021

Modernized “Smart” grids incorporate renewable energy sources on a widespread scale. Foreseen expansion in integrating more renewables is driven by global CO₂ emission concerns and depletion of fossil fuels. Active elements/devices are added to smart grids to enhance power availability and quality with the aid of advances in power electronics and communication systems. Active Voltage Conditioner (AVC) represents state-of-the-art in the field of voltage regulation and conditioning, however; integrating it into modernized grids has not been the subject of detailed study yet.  This thesis details the AVC-Grid interaction mechanism and associated performance parameters. ABB PCS100 AVC computer model based on MATLAB/PLECS platform is used as a basis for the proposed mathematical model. Accordingly, operational V-I characteristics is derived and impact of equivalent grid stiffness is analyzed.  In this thesis, the modeling of AVC has been introduced as seen by the grid in light of MATLAB/PLECS simulations. The conditioning ratio to describe the “depth” of load conditioning had been introduced. Modeling of AVC operational characteristics has been developed and dependency on conditioning ratio and equivalent grid stiffness had been investigated. Also, the analysis of grid behavior due to AVC operation during overvoltages and undervoltages has been carried out as well as discussing the envisaged impact on tied WTG/PV systems.  The thesis represents an initial attempt to model the AVC and discusses its envisaged impact on smart grids.
Ideology and Muslim militancy in India: Selected case studies of the 1857 Indian rebellion
Authors:   , Ahmed Sabbaq
Published: November 2021

This thesis examines the ways in which ideologies of royalism, militarism, and Jihad influenced the behaviour of contending Muslim factions in the 1857 Indian rebellion. The historiography has focused almost exclusively on the ideological motivation of Muslims who fought against the East India Company, with little mention of the large number of Punjabi Muslims and North West Frontier Pathans who chose to collaborate with the British against their co-religionists. The dominant themes of anti-colonialism, nationalism, proto-nationalism and Jihad that emerge in the literature overlook the role of moderating factors that link ideology to behaviour. Another tendency has been to apply the essentially modern concepts of nationalism and its variants to a pre-modern Indian Muslim setting. This thesis addresses these gaps by providing a framework for analysing the ideological functions of royalism, militarism and Jihad for both pro and anti-British Muslims. Drawing on insights from political and cognitive approaches of decision-making, this study demonstrates how the dynamics of information processing moderated the relationship between these ideologies and the combat behaviour of the belligerents. It finds that the process produced different outcomes of behaviour for the key individuals and groups in the 1857 rebellion. The methodology employed is comparative case studies of four regions with the most active Muslim resistance and collaboration groups. This thesis hopes to contribute to the growing literature on new approaches to the study of the 1857 Indian rebellion.
Detachable Pairs in 3-Connected Matroids
Authors:   , Williams Alan
Published: November 2021

The classical tool at the matroid theorist’s disposal when dealing with the common problem of wanting to remove a single element from a 3-connected matroid without losing 3-connectivity is Tutte’s Wheels-and-Whirls Theorem. However, situations arise where one wishes to delete or contract a pair of elements from a 3-connected matroid whilst maintaining 3-connectedness. The goal of this research was to provide a new tool for making such arguments. Let M be a 3-connected matroid. A detachable pair in M is a pair x, y ∈ E(M) such that either M\x, y or M/x, y is 3-connected. Naturally, our aim was to find the necessary conditions on M which guarantee the existence of a detachable pair. Triangles and triads are an obvious barrier to overcome, and can be done so by allowing the use of a Δ − Y exchange. Apart from these matroids with three-element 3-separating sets, the only other class of matroids that fail to contain a detachable pair for which no bound can be placed on the size of the ground set is the class of spikes. In particular, we prove the following result. Let M be a 3-connected matroid with at least thirteen elements. If M is not a spike, then either M contains a detachable pair, or there exists a matroid M′ where M′ is obtained by performing a single Δ − Y exchange on either M or M* such that M′ contains a detachable pair. As well as being an important theorem in its own right, we anticipate that this result will be essential in future attempts to extend Seymour’s Splitter Theorem in a comparable manner; where the goal would be to obtain a detachable pair as well as maintaining a 3-connected minor. As such, much work has been done herein to study the precise configurations that arise in 3-separating subsets which themselves yield no detachable pair.
“Were not that a botchy core?”: the Function of Disease in 2 Henry IV, King Lear, Troilus and Cressida, and Twelfth Night
Authors:   , Joule Catherine
Published: November 2021

The social currency of disease has developed and changed dramatically over the centuries, and this thesis focuses on how Shakespeare used the currency of early modern disease in his plays. Shakespeare’s use of disease and disease metaphors is discussed within the context of four plays: Henry IV Part Two, Twelfth Night, King Lear, and Troilus and Cressida. The first chapter (of three) finds that the purpose of disease within the body politic metaphors is, inevitably, complication. In order to counter and resolve the disease of the state, advisors become physicians, extending the potential of the analogy further until it permeates the social structure of the plays and our perception of the characters. Disease is employed to imply division, instability, and disorder within the imagined body of the state.  The second chapter shows how the idea of infection is used to highlight interpersonal concerns within the plays. The chapter uses references to early modern sources and beliefs about the four humours to illustrate how Shakespeare connects social disorder, disease, morality, and status. The discussion focuses on Galen’s “nonnaturals” which were believed to affect humoral balance, highlighting the significance of early modern conceptions of diet, exercise, miasma, sleep, and stress which serve to create a pervading sense of disease in the social worlds of the plays.  The personal and often horrifying experiences of mental disease we are presented with in King Lear and Twelfth Night are the focus of the third and final chapter. The display of suffering is found to primarily serve to emphasise the commonality of man. In both plays (though at different levels of seriousness) insanity causes a loss of social status for the sufferer and, through this loss of status, their humanity is stressed. The dramatic potential of madness allows the theatre of the courtroom to be parodied to draw questions about injustice into the plays, though without offering any definitive conclusions to them. The literary nature of madness within these plays, furthermore, allows for the clear presentation of issues of class and justice. Generally Shakespeare abandons absolute realism in favour of using disease and disease metaphors as a disrupting influence on social and political order so as to emphasise a wide range of themes and ideas.
Keeping Men on Track: The Management of Single Male Employees by the New Zealand Government Railways Department 1923-1940
Authors:   , Kelly Robert Campbell David
Published: November 2021

The New Zealand Government Railways Department undertook a wide range of reforms in the 1920s as a result of concerns about the threat of road competition and the longevity of New Zealand’s railway infrastructure. Some of these reforms were structural and financial, but many were motivated by desires to create a more efficient, modern and useful workforce. Unmarried men made up a third of the NZGRD’s workforce in 1927 and this thesis is an investigation of how the management of the NZGRD attempted to mould them. By investigating and analysing the ways in which the New Zealand Railways Department communicated with its workforce, this study will address how the New Zealand Government Railways Department used soft power to affect its worker’s lives. From the designs of railway houses through the range of publications given to employees the New Zealand Railway Department had indirect influence on almost every aspect of the lives of their employees, from their physical existence to what art and literature they were exposed to.
Re-imagining the great masters: translations into print by John Drawbridge
Authors:   , Ricketts Belinda Cullinan
Published: November 2021

This thesis examines the prints of New Zealand printmaker, John Drawbridge, with a specific focus on a small but significant part of his print oeuvre, his mezzotints from the 1980s and 1990s, in which he directly quotes European great master artists. Drawbridge studied printmaking in London and Paris in the late 1950s and early 1960s and it is this experience that informed his artistic practice for the rest of his career. Through his quotations of great artists and his practice of working in the hand-made printmaking tradition, Drawbridge recreates that Western tradition through his own technical expertise and imagination. However, what is distinctive about Drawbridge’s contribution to this well-established tradition is how he treats his source material: how he takes it out of its original context, and modernises and defamiliarises it by relocating it within a pictorial space that references his own life and location.  In the first chapter, Drawbridge’s English and European experiences and education are examined to reveal the background to his work: the traditional printmaking processes and the cultural ethos of the period. The second chapter looks at the artistic scene in New Zealand after he returned in early 1964 and the varied reception to his work. These two chapters provide the necessary context for the concluding chapter in which a case is made for the symbiotic relationship between the European tradition Drawbridge so much admired and his concern to locate his work back in New Zealand. By means of intertextual references, he engages with and explores the nature of the art of the past and the present, the traditional and the modern, the international and the local. This thesis argues that Drawbridge imaginatively critiques and renews the paintings he quotes in these translations from painting to print, and that consequently these prints reward a far more complex reading than they have been previously accorded. Through close examination of these prints it is clear that Drawbridge has made a unique contribution to New Zealand art.
Contextual Influences on the Perception of Bullying Behaviours for Youth in New Zealand
Authors:   , Jeffrey Jennifer Sian
Published: November 2021

Bullying has gained a lot of attention in the public and academic spheres over the past two decades (Carrera, DePalma, & Lameiras, 2011; Monks et al., 2009) and is considered to be a very serious international issue (Due et al., 2005; Mullis, Martin, Foy, & Arora, 2012). There is extensive research based on the experiences of bullying, which has examined prevalence rates (Green, Harcourt, Mattioni, & Prior, 2013), distinctions between different types of bullying (Rivers & Smith, 1994; Smokowski & Kopasz, 2005) as well as the short and long term impacts (Coggan, Bennett, Hooper, & Dickinson, 2003). Through this, a strong research based understanding of bullying has been developed and a consistent definition established (Canty, Stubbe, Steers, & Collings, 2014; Carroll-Lind, 2009). However, previous research has primarily focused on the experiences of bullying, and few studies have examined how bullying is understood from the perspectives of young people. The present study aimed to bridge this gap by exploring young people’s understanding of bullying behaviour in New Zealand. Twenty participants completed a short questionnaire and structured interview, where they discussed four hypothetical scenarios, each describing a different type of bullying in a different setting. Results demonstrated that young people maintain a much broader conception of bullying than what is currently defined by academia. The academic criteria of intention to harm, repetition and an imbalance of power were not central to young people’s definitions of bullying. Rather, factors such as, the reaction of the victim, how public the behaviour was and the role of friendship were more instrumental in shaping young people’s bullying perceptions and definitions. Furthermore, it was found that the perceived relationship between bullies, victims and bystanders as well as gender differences, also influenced participants’ understanding of bullying behaviours. These findings yield important implications for the development and efficacy of intervention programs. Limitations and avenues of future research are also discussed.
Addressing the dual role identity problem in foster parenting
Authors:   , Cuthbert Wendy J.
Published: November 2021

This thesis argues that the foster parent dual role identity problem is due to value conflict between two implicit models that currently inform contemporary understandings of the role. Both implicit models are outlined; the ‘parent’ model as an extemporaneous development of mid-19th century early modern foster care, and the ‘professional’ model as a formal response to changes in role demands in the mid-20th century. While neither model can independently account for exemplary foster parenting practices, a hybrid model that integrates aspects from both is problematic due to divergent sets of values that underpin each conceptualisation. In response to the dual role identity problem, this thesis proposes an alternative model that is informed by reflective practice and a relational ethics perspective. The aim of this procedural practice model is to support and explicitly guide foster parents through those practice dilemmas that are frequently underpinned by value conflict. In summary, this thesis will discuss the implications of this procedural model for practice and training programmes.
Global administrative law: The Basel Committee revisited
Authors:   , Gallagher James
Published: November 2021

Global Administrative Law is the branch of Global Governance that seeks to provide guidance and structures for decision‐making bodies and international organisations that rely on co‐operation between a range of international actors to achieve various objectives or implement policy agendas. In 2006, Michael S. Barr and Geoffrey P. Miller critically analysed the Basel Committee on Banking Supervision. Their article Global Administrative Law: The View from Basel sought to dispel the critiques that international‐law making processes lacked democratic accountability and oversight by offering the Basel Committee’s own processes as a model for international law‐making with greater accountability and legitimacy.  This article examines the Basel Committee since Barr and Miller’s 2006 article, in light of the global financial crisis and the development of ‘Basel III’. It will seek to determine whether the processes described by Barr and Miller proved to be effective, and if Global Administrative Legal theory is appropriately applied to the Basel Committee. Finally, the article will ask whether the Basel Committee still serves as a model for international law‐making with greater accountability and legitimacy, or if more work is needed to fulfill this model.
Rethinking Global Governance: The replication of “joined-up government” on the global scale in the prevention and combatting of trafficking in women for the purposes of sexual exploitation
Authors:   , Hilton Luke
Published: November 2021

The paper discusses the Blair Administration’s policy of “joined-up government” beginning in Britain in 1997. The paper then moves to the international sphere to discuss various anti-slavery instruments focusing on the trafficking in women for the purposes of sexual exploitation. The paper identifies global coordination efforts to prevent and combat trafficking in persons. In particular, the establishment of the Inter-Agency Coordination Group Against Trafficking in Persons in 2007 provides a prime example of such efforts. The paper then describes how the policy of joined-up government has been replicated the global scale. The paper names this phenomenon “globally joined-up governance”.
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 Leigh¹ 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.  ¹ Attorney-General v Leigh [2011] NZSC 106, [2012] 2 NZLR 713, (Leigh).
A population genetic analysis of the New Zealand spotty (Notolabrus celidotus) using mitochondrial DNA and microsatellite DNA markers
Authors:   , Wilcox Rachel Zoe
Published: November 2021

Notolabrus celidotus (the New Zealand spotty) is a common rocky reef species that is endemic to New Zealand. This species is the most abundant demersal reef fish in New Zealand, and is distributed throughout the North and South Islands, and Stewart Island. Notolabrus celidotus consumes a wide variety of small invertebrates, and juveniles are reliant on coastal kelp forests as nursery habitats. Because N. celidotus is such a common species on New Zealand rocky reefs it is a good model species for population genetic studies.  The primary goal of this research was to investigate new genetic markers and add new sample locations to bolster previous genetic population data from N. celidotus. The thesis research utilised DNA sequences obtained from a 454 massively parallel DNA sequencer and reports six new microsatellite loci for N. celidotus. These loci are the first microsatellite DNA markers to be developed for this species. Additional mitochondrial DNA (mtDNA) control region sequences were obtained from new samples of N. celidotus and combined with previously reported mtDNA sequences. Increasing the sample size improved the genetic coverage of N. celidotus populations around coastal New Zealand. The mtDNA sequences were analysed to examine the population connectivity and demographic history of N. celidotus. The microsatellite DNA loci reported in this study were also used to examine the levels of genetic diversity and population structure in N. celidotus.  Results of the combined genetic analyses revealed extremely high levels of genetic diversity among the population sample of the mtDNA control region. Both the mitochondrial DNA and microsatellite DNA analyses showed a distinct lack of population genetic structuring, which suggests there is constant mixing of N. celidotus among sites. The results of this study have the potential to inform the expectations about the genetic structure of closely related wrasse species, such as Notolabrus fucicola, as well as other coastal species that have a similar life history, dispersal power, and New Zealand-wide distribution.
The scope of rights of appeal (not recourse) from arbitration awards
Authors:   , Suter Benjamin
Published: November 2021

This paper examines the scope of rights of appeal from arbitration awards in New Zealand, Singapore, Switzerland, the United Kingdom and the United States.  In countries that have drafted their legislation after the UNCITRAL Model Law appeals are often excluded and only recourse based on very narrow grounds is available. While many countries are more permissive with regards to appeals than the Model Law in that they allow the parties to opt for more expansive review, none of the examined jurisdictions give the parties the right to opt for appeals on questions of law and fact.  In several cases parties have tried to expand the rights of appeal by agreement. Such agreements are deemed invalid in all jurisdictions. When examining whether the invalid clause renders the entire arbitration agreement invalid, courts in common law jurisdictions have applied the doctrine of severance in some variations. Civil law courts usually examine whether the parties would have concluded the contract without the invalid clause (“but for”-test).  This paper suggests that many of these tests are not suitable for arbitration agreements where the parties do not exchange considerations but rather promise one another exactly the same. The preferable approach is to combine the “but for”-test with a test that assesses if severance alters the nature of the agreement.
Biodiversity outcomes of an urban revegetation programme in Wellington, New Zealand: The role of patch size, isolation, age and the urban matrix
Authors:   , OliverSmith Nicky
Published: November 2021

Urban revegetation programmes are an important contribution to the biodiversity of our landscape environment. Wellington city has, for nearly two decades, promoted revegetation of the city with a focus in latter years on eco-sourced native species. This is a substantial urban greening project planting 100,000 native plants per annum. This thesis analyses the native revegetation programme and posits recommendations for continuance and enhancement for consideration.  Data were collected from a sample set of twenty revegetated sites and four reference sites in Wellington city. Two transects per site were set up with invertebrate pitfall traps, lizard pitfall traps, lizard tree covers, bird count stations and vegetation surveys. The data were collected over a twelve-month period. Ordination was used to examine the community composition of revegetation sites in relation to each other and the four reference sites. Multiple regression was used to examine the influence of patch age, patch size, isolation and residential land cover upon a range of biodiversity variables.   The key findings of this study are that revegetated sites lacked the level of ground cover by native seedlings that were characteristic of the mature reference sites. Also found was that revegetation sites in Wellington City require around ten years of growth before natural regeneration of native seedlings began to become apparent.  Large native birds were more likely to be found in close proximity to mature primary bush, confirming that mature primary bush is an essential element of the landscape. Weta were found in increased numbers as distance from mature primary bush increased. Northern grass skinks were the only species of lizard found, in association with a higher proportion of residential area in the matrix.   The key management recommendations of this study are; the development of a collaborative connective strategy; further enrichment planting designed to maximize structural diversity over time; the investment in well planned robust monitoring programmes.  This research contributes to the understanding of biodiversity outcomes of an urban native revegtation programme, providing baseline data for future monitoring purposes.
Travel Patterns of Women Giving Birth in the Southern District Health Board
Authors:   , Dawson Pauline
Published: November 2021

The objective of this mixed method piece of descriptive research is to analyse travel patterns of New Zealand women relating to their selected place of birth, focusing on residents of the Southern District Health Board. It also explores the motivations of a sample of women in this area regarding their birth place choices.   Data extracted from Southern District Health Board 2013 electronic records, were analysed using geographic information system software. Spatial modelling was also conducted using this dataset. The second part of the study involved a questionnaire issued to women in Southern District Health Board maternity facilities during a three month period in 2014.   In the analysis of 2013 data that women appeared to be by-passing smaller primary maternity units in preference for larger complex care facilities. Spatial modelling examined some possible geographic reasons for this and improved service placement was also modelled based on 2013 demand. Survey results were congruent with other similar research, in that the main reasons for women choosing birth place were a combination of seeking out a safe place whilst remaining as close to home as possible. These priorities caused a tension of distance for rural women. There was no significant statistical variance in the responses between demographic groups.  Women are prioritising safety when they choose their birth place. In a large sparsely-populated District Health Board like Southern, this results in some women making long journeys to their chosen birth place as they select complex care facilities over closer primary maternity units or home.
Encouraging Sustainable Food Choices: The Role of Information and Values in the Reduction of Meat Consumption
Authors:   , Graham Thomas
Published: November 2021

Meat production for human consumption has serious environmental implications, including contributing significantly to climate change. People’s behaviour about food choice, particularly meat, plays a key role in determining the future direction of food production. Meat production, in most cases, is more resource intensive and environmentally more expensive than plant based food production. For this reason, a shift in attitude about meat consumption needs to take place to reduce the environmental impact agriculture has on the planet (i.e. moving toward less meat intensive diets), particularly in developed countries. Attitudes and behaviour are influenced by values, which are guiding principles in people’s lives, making them important in the decision making process.  This research explores the role of information as a means of changing attitudes towards meat consumption and environmental concern and whether this effect depends on an individual’s values. Survey participants were assigned randomly to a no-information control group, a message targeting self-enhancement values, or a message targeting self-transcendence values. Results indicate that information can significantly increase concern about an environmental issue but did not change attitudes towards meat consumption. Furthermore, the framing of a message can play a role in how people respond to the information provided, given their predisposing values. Implications of this research can be applied to future environmental information campaigns, through the increased effectiveness of targeted information.
Ngā Whare Rau o Te Tahinga: Rakaipaakatanga and Post-Settlement Futures
Authors:   , Russell Hollie Francesca
Published: November 2021

This thesis explores what it means to be Ngāti Rakaipaaka today and how this ‘being’ may influence post-settlement futures for the iwi and its members. This thesis is a celebration of contemporary, dynamic, diverse and flourishing Rakaipaaka Māori. The understandings that are presented are the result of an extended stay in Nuhaka (part of Rakaipaaka’s rohe or tribal territory), nine interviews with ten contributors and countless informal conversations, including online, with members of Rakaipaaka. With these understandings as well as a discussion of the skills, assets and aspirations of the Rakaipaaka community this thesis explores how understandings of being Rakaipaaka may be incorporated into post-settlement futures. It argues that there is importance in diversity as well as unity, and asserts that for post-settlement development models to be successful they must reflect the diverse range of Rakaipaakatanga – Rakaipaaka identity. At the same time, the models need to be practical, responding to the challenges and problems Rakaipaaka face today and may face in the future. In essence, they must uplift and develop Rakaipaaka people in positive, sustainable, and Māori ways.
The Relationship between Foreign Aid and Democratization in Myanmar in respect to Civil Society
Authors:   , Paing Aye Mon
Published: November 2021

Since 2010, Myanmar has been making a transition to a democratic country after 40 years under successive military regimes. The semi-civilian government led by President U TheinSein has been in charge of Myanmar since the democratic reform is carried out. After Myanmar's new government has carried out its democratic reform for 2 years, international assistance has come in Myanmar to assist Myanmar's democratization in 2012 unlike before 2010. Western donors who were not active in providing aid in Myanmar became enthusiastic to help Myanmar's democratization in various ways. Civil society in Myanmar is still small and informally organized to participate as a strong actor in Myanmar's democratization. Democratic aid to nurture civil society in Myanmar, which has been repressed for long time, became an important aid to strengthen democracy in Myanmar.  This thesis will analyse the relation between democratic aid through civil society and democratization in Myanmar. It is based on recently completed in-country research involving document analysis and semi-structured interviews. The paper investigates what is the impact of democratic aid through civil society on Myanmar's democratization process.  The findings of this thesis indicate that democratic aid was not delivered in Myanmar under the successive military regimes to impose democratization. Democratic aid has started to be delivered again after the Myanmar government started its process of democratization mostly due to domestic factors, such as people's dissatisfaction with the military governments. When western donors started supporting the democratization process in Myanmar, they provided democratic assistance to sustain local civil society organisations in Myanmar in order to act as a check and balance to the Myanmar government and to make it more accountable to the citizens. Democratic assistance towards civil society has been promoting the role of civil society organisations in politics, creating a platform for communication between the government and local civil society organisations to increase the all-inclusiveness in Myanmar's democratization process. With the democratic assistance from western donors, local civil society organisations became more developed and started working as one of the check and balance actors in Myanmar's politics. Thus, democratic assistance to civil society has increased the sustainability of local civil society organisations in Myanmar to participate in the democratization process. However, democratic assistance to civil society has only started recently, in 2012, and there are challenges in providing assistance to civil society to promote democratization. If those challenges can be avoided in delivering aid to civil society, the assistance towards civil society can have a better impact on democratization in Myanmar.