bluuebunny/crossref_metadata_2025 huggingface dataset:
Through the looking glass: The UNCITRAL Rules on Transparency and what they reveal about theories of investment treaty arbitration
Authors:   , McDavitt Johanna
Published: November 2021

This paper aims to use the transparency debate within investment arbitration, and specifically the discussions of Working Group II when preparing the UNCITRAL Rules on Transparency, as a lens to examine how the international community conceptualises investment arbitration. It will argue that investment arbitration is no longer viewed as a private system of dispute resolution akin to international commercial arbitration. Rather, the public interest, public international law, and regulatory nature of investment arbitration is increasingly coming to the fore. Accordingly, the consent of the parties is no longer at the heart of arbitral authority. This paper aims to identify what alternate theoretical conception of investment arbitration is driving transparency initiatives in investment arbitration.
Protest at sea: An analysis of the Crown Minerals Amendment Act 2013
Authors:   , McMenamin Matthew
Published: November 2021

This paper examines the criminal offences introduced under the Crown Minerals Amendment Act 2013 in response to direct action protest at sea. These offences have proved controversial as they restrict fundamental protest rights and purport to apply in respect of foreign vessels beyond New Zealand’s territory. This paper advances two central propositions in relation to these offences. First, the prescription and enforcement of the offences is permitted under the jurisdiction accorded to New Zealand at international law. Second, the limitations placed upon protest rights are justified in accordance with s 5 of the New Zealand Bill of Rights Act 1990.
Protecting popular constituent power: Examining New Zealand's role in the constitution-making episodes of the Cook Islands and Niue
Authors:   , Mead Sarah
Published: November 2021

This paper assesses the democratic legitimacy of the constitution-making processes that brought into being the Constitutions of the Cook Islands and Niue. New Zealand’s role in the decolonisation of its former colonies has generally been seen as quite benign. New Zealand’s status as an external actor however raises questions regarding the effect its influence had on the democratic legitimacy of the respective constitution-making processes. Constituent power theory demands that a constitution is the product of the popular political will; an act of self-determination undertaken by the people, for the people. This paper argues that the existence of external influence in the constitution-making process is not necessarily at odds with this. The democratic legitimacy of the constitution-making process is dependent on the constitution being a manifestation of the people’s constituent power. Insofar as external actors do not displace the people’s constituent power but rather enhances it, there is no reason to exclude such influence; there may even be reason to encourage it. By drawing on New Zealand’s experience in decolonisation, this paper ultimately advances a two-stage model for constitution-making in the context of small, dependent non-self-governing island-states. As on-going political ties with an external state are often sought, the aim of the model is to provide an avenue for that external state to participate in or contribute to the constitution-making process while maintaining the process’ democratic legitimacy.
Coronial law reform through the lens of therapeutic jurisprudence - Harnessing the full potential of coroners' recommendations
Authors:   , Mok Elena
Published: November 2021

The ability of coroners to make recommendations to various agencies and organisations is inextricably linked with the coroner's emerging role in death and injury prevention. Yet, there is no legal obligation in New Zealand for agencies and organisations to respond to, or implement, proposed changes, which has led to claims that recommendations are merely being overlooked. However, concerns have also been raised about the quality of some recommendations, especially whether coroners have sufficient expertise to be proposing wide-ranging legal and policy reforms. This paper analyses the extent to which recommendations are being implemented by the agencies and organisations to whom they are directed, and addresses whether the criticisms levelled at recommendations are valid. It is contended that, in considering reforms to the coronial process, the principles of therapeutic jurisprudence should be applied so as to maximise the therapeutic potential of recommendations for families and the wider community. Ultimately, it is concluded that greater transparency and accountability is needed in coronial processes to fully harness the preventive and therapeutic potential of coroners' recommendations.
The Public Safety (Public Protection Orders) Bill 2012: Is post-sentence detention of sex offenders consistent with human rights?
Authors:   , Moran Jasmin
Published: November 2021

The Public Safety (Public Protection Orders) Bill 2012 was introduced by the National-led Government to address a perceived public safety problem relating to recidivist sex offenders. The Bill enables the detention of sex offenders beyond the expiration of their finite sentences, if they are seen as highly likely to reoffend. As such, the Bill raises a number of serious human rights issues. In response, the Attorney-General issued a statement contending the Bill was consistent with the New Zealand Bill of Rights Act 1990. This article analyses the correctness of that statement, with a particular focus on whether the Bill is a form of civil committal and is, in substance, different to imprisonment. Drawing on case law from the United States and Australia, where similar post-sentence detention schemes operate, this paper suggests the Bill actively engages with human rights concerns. The conclusion reached is that the Bill appropriately balances the public safety interest and the basic human rights of sex offenders.
Regulation of professional clinical trial volunteers in New Zealand
Authors:   , Mulholland Malisa
Published: November 2021

This paper aims to form a starting point for a discussion of the regulation of paid clinical research volunteers (professional volunteers) in New Zealand. It will argue that professional volunteers, who are currently unregulated as a class of research participants, present unique issues which are not addressed by existing regulation. The major arguments will be that: by restricting the value of financial compensation that can be provided for volunteering in a clinical trial, existing regulation allows professional volunteers to be exploited; professional volunteers are exposed to unregulated compounded risks and it is unlikely that they are properly informed of these risks; and in failing to recognise the existence of professional volunteers, current regulation fails to address their commodification and dehumanisation. Proposals to address these issues will be evaluated through a human rights lens for consistency with the New Zealand Bill of Rights Act 1990 and the Code of Health and Disability Services Consumers’ Rights 1996. Recommendations for reform will be put forward on the basis of this analysis.
Copyright law and the freedom of panorama: The right to commercialise photographs of protected works
Authors:   , Sudharto Alifia Qonita
Published: November 2021

Making an unauthorised copy of a copyright-protected work is a copyright infringement, as is making an adaptation or a derivative work without gaining prior consent from the author or authors of the copyright-protected work. It was once questioned at one of the Berne Convention amendment meetings whether to take photographs of copyright-protected literary works was to make copies of them. The meeting concluded that taking photographs of literary works meant making copies of them, and, therefore, photographs should not be taken without gaining the prior consent of the author or authors. However, there was no discussion about photographs of other type of works, such as buildings and sculptures. Taking photographs of architectural and sculptural works permanently situated in public places is protected under “freedom of panorama”, a provision of copyright laws that permits the taking of photographs of those works, which is applied differently in some countries. This paper discusses copyright protection for those photographs, though there are not many cases available in this issue as the terminology of “freedom of panorama” was only recently coined. The discussion is based on the Berne Convention, and copyright law in the United States, New Zealand, and Indonesia. Freedom of panorama may seem to limit the exclusive rights for architects and sculptors to authorise any acts to be done over their works. However, photographers also have the need to be sure that their photographs are protected, including photographs that are taken under the freedom of panorama. Therefore, this paper argues that the photographers who take photographs under the freedom of panorama should be able to exercise exclusive and moral rights over their photographs. Although the three countries mentioned provide protection for the “freedom of panorama”, it is protected differently and, therefore, there is a need to include the freedom of panorama in an international copyright treaty to avoid a possible conflict of laws.
The compromise of conscience: Conscientious objection in healthcare
Authors:   , Newman Louise
Published: November 2021

This paper discusses a medical practitioner’s right to conscientiously object to providing a legally available healthcare service in New Zealand, on the grounds of their personal beliefs. Currently, the right to conscientiously object is enshrined in the Health Practitioners Competence Assurance Act 2003 and the Contraception, Sterilisation and Abortion Act. This paper argues the current legislative arrangement regulating a health practitioner’s right to conscientiously object under New Zealand law is vague, and risks cementing uncertainty, due to scope of the protection being unclear. In addition, the current protection risks patient safety, as it does not exclude the right to conscientiously object in medical emergencies, or when the efficacy of the treatment is time dependent. To remedy this unsatisfactory situation, it is recommended that the right to conscientiously object in healthcare be rendered impermissible in the aforementioned scenarios. It is further recommended that direct referral to a non-objecting colleague be mandatory in the event a practitioner wishes to exercise their right to conscientiously object. This is because access to healthcare may be compromised by a practitioner exercising the right to conscientiously object, with no corresponding direct referral requirement, a risk borne by patients.
Parliamentary sovereignty as a barrier to a Treaty-based partnership
Authors:   , O'Hagan Lydia
Published: November 2021

The Treaty of Waitangi has repeatedly been affirmed as New Zealand’s founding document, yet our constitutional arrangements rest on the untrammelled principle of parliamentary sovereignty. This paper argues that the doctrine of parliamentary sovereignty is contrary to the sharing of powers provided for in the Treaty, as it concentrates ultimate law-making authority in one body. New Zealand’s constitutional history is canvassed briefly, with a specific focus on the Treaty and the basis of British Crown’s acquisition of sovereignty over New Zealand. It is noted that the current place of the Treaty within New Zealand’s constitution is within the vast powers of parliament - the Treaty can only have legal effect to the extent that Parliament provides for. After looking at examples from statute and common law it is concluded that, rather than limiting parliamentary sovereignty, the current approach ultimately reinforces the absolute and indivisible power of parliament. As such, it is a barrier to a Treaty partnership between the Crown and Maori. To truly give effect to the Treaty a change in the way in which public power in New Zealand is configured and exercised is necessary. Three models for Treaty-based constitutional reform are therefore discussed. The current constitutional review provides Iwi and the Crown with an opportunity to look beyond the confines of the doctrine of parliamentary sovereignty and forge a unique constitutional system that gives effect to the Treaty as New Zealand’s founding document.
Intra-national travel and familiarisation with a new home: A case study of travelling professional workers in Da Nang and Hoi An, Vietnam
Authors:   , Tran My Nguyen Diem
Published: November 2021

This thesis examines the relationship between the intra-national travel behaviour of travelling professional workers (TPWs) and their familiarisation with the host country as their new home. It aims to provide a better understanding of the relationship between tourism and migration. A conceptual framework is developed to illustrate the context and direction of this study.  This research is a case study performed by employing semi-structured, in-depth interviews. A total of 34 interviews were conducted with TPWs in the hospitality and tourism industry in Da Nang and Hoi An (Vietnam). Collected data were coded into prominent themes using an analytical framework developed by the researcher.  This thesis found that the intra-national travel behaviour of TPWs is related to their familiarisation with the host country as their new home. In particular, the intra-national travel motivations of TPWs reveal their desire to become familiar with a new home. In relation to intra-national travel patterns, volume of travel, choice of destinations and activities are found to have an impact on TPWs’ familiarisation with a new home. This study also found that intra-national travel experiences help them become familiar with their new home through the establishment of social relationships, by increasing their cultural familiarity, and through enhancing a sense of safety and security, psycho-socio wellbeing and life satisfaction. Moreover, travel companions and the most memorable experiences play a significant role influencing TPWs’ familiarisation with a new home.  An underlying concept for the whole topic, the notion of home, is explored and found to be influenced by a number of factors including physical exposure to the place, social relationships, psycho-socio wellbeing, life satisfaction, safety and security, cultural familiarity, local language skills and employment. In the case of TPWs, the concept of home often carries a temporary meaning rather than a permanent one due to their frequent movements. In addition to intra-national travel, this research found two aspects influencing the way by which TPWs make the host country their new home: ‘employment’ and ‘domestic partnership and family’. Nevertheless, the results of this study suggest that TPWs represent a resident international market and contribute to the development of the local tourism industry. Several recommendations are also made regarding TPWs’ settlement in the host country, and the opportunity for local marketers to capture the TPW market efficiently.
When It Comes to General Anti-Avoidance Rules, is Broader Better?
Authors:   , Paulson Stella Kasoulides
Published: November 2021

This paper examines the proposition that general anti-avoidance rules achieve their purpose better when drafted in broad terms. Several jurisdictions have included misuse and abuse requirements in their GAARs in order to provide certainty and a high threshold for the GAAR’s operation. Others have enumerated their GAAR to add precision and certainty to its terms. While misuse and abuse requirements and enumeration have the appearance of adding precision to an uncertain area of law, in practice this is doubtful. The general anti-avoidance provisions of four jurisdictions are compared, namely Australia, Canada, New Zealand and the United Kingdom. This article comes to two conclusions; that adding a misuse and abuse requirement to a GAAR does not significantly alter the substance of the inquiry; and that adding further details and precisions to a GAAR does more harm than good. These two conclusions promote the main proposition of this paper, that general anti-avoidance rules work best when drafted in broad terms. The international trend is heading towards more enumerated general anti-avoidance provisions; this paper aims to counter some of the arguments in favour of that trend.
Assessing New Zealand's immigration policy towards victims of human trafficking: A human rights approach
Authors:   , Peacey Anna
Published: November 2021

This paper assesses New Zealand’s immigration policy towards victims of human trafficking, adopting a human rights approach to determining best practice. Nine principles of a human rights approach are identified. In assessing New Zealand’s immigration policy, a number of gaps are identified, which result in breaches of the nine principles. To remedy these defects, two changes are recommended.
Democracy, Constitutionalism and the Rule of Law: Beholden to Constituent Power
Authors:   , Sage Ivan
Published: November 2021

Democratic government serves two purposes, both requiring that the substantive element of the rule of law be adhered to. A living constitution is required by a government to able to maintain civil society, which is the main occupation of the rule of law and, secondly, the rule of law also vouchsafes rights and freedoms. Hence, the rule of law enforced by the courts is the factor that controls the constitution, and increasingly this includes controlling the government, both the legislature and executive. This paper considers the capacities of democracy, constitutionalism and the rule of law, in the context of both New Zealand’s unwritten and America’s written constitutions, with the view of locating the constitution making power (constituent power). The power that makes and changes the constitution was originally found with the people, parliament, and the executive. However, a modern formulation of the rule of law that seeks to replace parliamentary supremacy as the ultimate principle of legality appears to be arising. An egalitarian society is becoming the preferred option by all parties. In this context, the constitution making power will be with the vessel that is working towards creating such a society. To that end, the paper recommends a Constitutional Commission for New Zealand that would review legislation for constitutionality, including adherence to the rule of law. The objective of the Constitutional Commission would be to recommend the review of law for constitutionality, including adherence to the rule of law.
Chinese Narratives of "National Humiliation" and Japan's Role in the Construction of China's National Identity, 1915 to the early 2000s
Authors:   , Li Boyang
Published: November 2021

The sense of national humiliation in China derives from a huge psychological gap between a glorious Empire and a peripheral nation-state which invaded by foreign imperialists in the 19th century and the early 20th century. This gap let Chinese people tend to define the period from 1840s to 1940s as the “Century of National Humiliation”. Although, Chinese people suffer a lot during this “Century”, direct experience and the meaning attached it are not the same. Apart from history itself, this thesis argues that narratives of national humiliation are significant in constructing China’s national identity. In this sense, it will focus on China’s humiliation narratives in different periods, and try to find out what kind of role Japan plays in the construction of China’s national identity. In the first place, this thesis will focus on the narratives of humiliation/victim in different periods of China since its popularization in 1915, and try to give a comprehensive picture of the origin and evolution of this narrative. More specifically, it will examine Chinese humiliation narratives in the following three main periods chronologically: the origins and evolution of “national humiliation” in the pre-1949 era, the absence of “national humiliation” from the 1950s to the 1980s, and the reinvention of “national humiliation” in the post-1989 era. It argues that the narratives of the national past help construct China’s identities in different periods with different meanings. In the second place, this thesis examines not only the discourse of humiliation per se, but also the role that Japan assumes in both victim narratives and the none-victim narratives, and will utilize a social “self/other” approach to analyze Japan’s role in the construction of Chinese national identity. Overall, looking back on Chinese humiliation narratives in three main periods, this thesis concludes that China's national humiliation discourse is an integral part of the shaping of national identity and Japan plays an important role in this process. It also finds out that there is no certain consistency in the interpretations of the national humiliation throughout the last 100 years in China. The national humiliation discourse had once disappeared in China during Mao’s era from 1950s to 1980s. However, whether humiliation discourse dominants Chinese civil society or not, the ruling governments always play an essential role in shaping the nation’s identity. Besides, Japan has been an indispensable “other” in China’s construction of national identity. The popularization and intensification of humiliation discourse in China have always associated with anti-Japanese sentiments. Therefore, in Chinese context, Japan always assumes the role as an “enemy” when the humiliation/victim narrative dominates the civil society.
The factors that influence a lawyer’s use of and ability to develop effective electronic information seeking behaviour
Authors:   , Lewis Geraldine
Published: November 2021

Research Problem: The purpose of this research was to discover the factors that influence a New Zealand lawyer’s use of and ability to develop effective electronic information seeking behaviour. There have been no previous studies undertaken in New Zealand to understand the cognitive reasons and the reasons directly related to the resources themselves that impact on why lawyers do, or do not look for information effectively from electronic resources. Methodology: A phenomenological study design was used in order to understand an event from the viewpoint of the participants. Nine New Zealand lawyers participated, providing demographic information and taking part in semi-structured interviews. In addition two of these lawyers took part in a further participant observation. Results: The results indicated that factors personal to the applicant such as their previous training, electronic experience, personality and age have an impact on their ability to develop effective electronic information seeking behaviour. In addition external factors such as cost, time and lack of access directly related to electronic resources also have an impact. Implications: Based on the findings of this report it was found that electronic resources were considered to be an important part of a lawyer’s work and gaining increasing significance. However not all lawyers have the ability to make full use of these electronic resources. Therefore it is important that lawyers are provided with the opportunity to undertake appropriate training and to access high quality electronic resources. Further study needs to be undertaken to look at strategies and training methods required by lawyers and their employers to improve these skills.
Never let me go? A case study of deaccessioning and disposal undertaken at Museum of Wellington City and Sea
Authors:   , Loud Rebecca
Published: November 2021

In the current economic climate museums are increasingly being asked to do more with less. For museums that hold collections, this poses a unique challenge. With the cost of collections being relentlessly accumulative, questions are being raised about the long term financial sustainability of current collecting practices. Deaccessioning is being suggested as a way in which museums can improve the quality of their collection without increasing its size. Yet the literature on deaccessioning suggests that the process is fraught with ethical and practical difficulties. By highlighting the negatives aspects of the process, writing in museum studies and practice does little to explore how deaccessioning might be used to achieve positive outcomes. This research addresses this gap by asking whether deaccessioning is a positive tool that, if used appropriately, can assist a museum in improving the quality and manageability of their collection through systematic planning. To understand how and why a museum may permanently remove objects from their collection, the study focuses on one New Zealand museum’s response to the challenge of redeveloping a collection through the process of deaccessioning and disposal. The Museum of Wellington City and Sea’s deaccessioning process is analysed through documentary research and interviews with Museum staff. The interviews offer an understanding of the thought processes and motivations involved in selecting objects to be deaccessioned. The data collected reveals both the challenging aspects of the process but also offers insights into how these aspects can be mitigated or resolved. The conclusions presented in this dissertation suggest that deaccessioning is an integral part of current museum practice that can be used positively to actively shape and refine a museum collection. I argue that some of the beneficial outcomes of the process include greater understanding of collections, improved knowledge and context, resolution of historical collecting problems, strategic relationships built with other museums and improvement in how objects are stored and utilised. More importantly deaccessioning allows museums to determine the character and content of their collections. In order for this to be achieved, I recommend that museums adopt a rational approach to reviewing their collections that is multi-disciplinary, transparent and acknowledges how their collection is used in the achievement of their institution’s mission.
One dose of Architecture, taken daily: Building for Mental Health in New Zealand
Authors:   , McLaughlan Rebecca
Published: November 2021

Thousands of New Zealanders were treated in the nation’s mental hospitals in the late nineteenth and twentieth centuries. Existing research has examined this history of institutionalisation from the perspectives of policy, psychiatric medicine and nursing culture, but to date little has been written about the built fabric of this type of institutional care. This dissertation asks what does the architectural approach taken to Seacliff Asylum (1878-84), Kingseat Hospital (1927-40) and Cherry Farm Hospital (1943-71) indicate about official attitudes to mental illness in New Zealand. Architecture was thought to be capable of performing a curative role in the treatment of mental illness; the administrators of New Zealand’s mental hospitals stated this belief publically in various press releases and reports to the government between 1878 and 1957. This dissertation examines Seacliff, Kingseat and Cherry Farm against current thought regarding the treatment of mental illness and against best architectural practice in mental hospital design.   While these three institutions were the jewels in the crown of New Zealand’s mental hospital network, only Kingseat could be considered an exemplary hospital of its time. The compromises that occurred in the construction of Seacliff, Kingseat and Cherry Farm hospitals indicate that meeting the needs of the mentally ill was only one of a number of agendas that were addressed by the officials involved in the design of these institutions. Many of these agendas were peripheral to the delivery of mental health care, such as the political desire for colonial propaganda and professional concerns of marginalisation, and conflicted with the attainment of ideal environments for the treatment of mental illness. The needs of the mentally ill were a low priority for successive New Zealand governments who exhibited a reluctance to spend taxpayer funds on patients who were not considered curable. The architects and medical advisors involved in the design of these facilities did attempt to meet the needs of these patients; however, they were limited by a design and procurement process that elevated political and operational concerns over the curative potential of these hospitals.   This dissertation also examines the role of individuals in the design of these institutions. Architect Robert Lawson was reproached for deficiencies in the curative potential of Seacliff Asylum. Similarly, medical administrator Theodore Gray has received criticism for limiting the development of New Zealand’s wider network of mental hospital care. This dissertation establishes that Lawson and Gray deserve greater recognition for their relative contributions to the architecture created, within New Zealand, for the treatment of mental illness.
The Structure of Connectivity Functions
Authors:   , Mo Songbao
Published: November 2021

Graphs, matroids and polymatroids all have associated connectivity functions, and many properties of these structures follow from properties of their connectivity functions. This motivates the study of connectivity functions in general. It turns out that connectivity functions are surprisingly highly structured. We prove some interesting results about connectivity functions. In particular we show that every connectivity function is a connectivity function of a half-integral polymatroid.
Who visits academic institutional repositories and why?: An analytical approach for a single high profile repository
Authors:   , Angelo Anton Findlay
Published: November 2021

Institutional Repositories have been set up all over the world, and are now mainstream business for academic libraries and other organisations. The nature of the visitors or users for these repositories is not well understood, and little work has been done in analysing the data the repositories generate on their visitors. This report looks at the analytics generated by the University of Canterbury Research Repository (UCRR) through its own internal statistics and Google Analytics. There are many issues with reconciling this data, as many factors influence the accuracy of the figures, including web search engine crawlers, deep linking, and copyright trolls. This report found that there are many visitors to the UCRR, and that it is difficult, but possible to create narratives for specific items indicating how they might be used. Generalisations, however are much harder to make, and though we can see who is visiting the UCRR, we cannot really ascertain why they do. This report provides suggestions for further research on repository users, particularly at gathering qualitative data from groups identified from this quantative analytics.
Managing Consumerization of Personal Cloud Storage: A New Zealand Perspective
Authors:   , Ky Soklay
Published: November 2021

Employees‟ behavior of using personal cloud storage at the workplace might put corporates at risk. This trend has been happening globally and known as consumerization of personal cloud storage. This research reports on the state of this trend in New Zealand corporates. A mixed methods approach was employed with data collection through online anonymous surveys and an online focus group. It was found that personal cloud storage prevails widely throughout the corporates involved in the study. In light of earlier studies in IT consumerization and recent market researches on personal cloud storage, this study identifies many drivers, benefits and challenges of IT consumerization which remain significant in personal cloud storage consumerization, and additionally divulges new factors not previously surfaced in prior literature and publications. The results reveals that its challenges far outweigh its benefits and that the driving forces born within organizations are as considerably significant as those in the external environment. Resulting corporate risks such as security, support, regulatory obligations, data governance and policies are top-critical amongst other challenges with which corporates have to confront. Regardless of those challenges, corporates might gain several benefits, namely employee engagement, productivity, business agility and cost benefits to some extent.
‘Ngāti Pukamata’ Virtual iwi: Using Facebook to manage whakapapa: a case study
Authors:   , Reihana Pikihuia
Published: November 2021

Social networking sites such as Facebook enable like-minded people to network around the subjects that are of interest to them. One such subject that has recently sparked interest is whakapapa. For Māori, whakapapa plays an important social, political and traditional role and Māori are beginning to establish themselves in various forms without relevance to physical location. The research uses kaupapa Māori and a grounded theory framework to examine contextual problems with crowdsourced whakapapa and how Facebook addresses these problems. The research findings reinforce current thinking about attitudes, behaviours user norms and expectations of Facebook interaction and crowdsourcing. To illustrate, this research argues that Māori are claiming a virtual space for their whakapapa which this research has determined as ‘Ngāti Pukamata’.
Pre-schoolers’ Reasoning in a False-Belief Test Involving Negative Desires
Authors:   , Bell John
Published: November 2021

How can people balance competing demands for efficiency and cognitive flexibility in understanding others’ beliefs and desires? The idea that humans have two systems for mindreading, a flexible but cognitively demanding system and a minimal, efficient system which operates quickly but possesses signature blindspots was tested. Spontaneous anticipatory looking (AL) and direct verbal predictions of 3- and 4- year-olds were assessed. Children’s AL responses displayed a signature blindspot to an agent’s desire to avoid an object in an unexpected-transfer false belief task. A dissociation between 4-year-olds’ spontaneous AL responses and direct verbal predictions in an avoidance task further supports a 2-mindreading-systems account. The quick efficient mindreading system tracks an agent’s desire to approach but not to avoid an object.
RFID on the boundary between the public and private sectors: An ANT/Institutional Theory investigation
Authors:   , Vos Marta Elizabeth
Published: November 2021

Radio frequency identification (RFID) enabled devices are becoming increasingly common in today’s world, facilitating many things from supply chain efficiencies to medical equipment tracking. The majority of studies into such systems centre on technical and engineering issues associated with their implementation and operation. Research outside of this scope generally focuses on RFID systems in isolated private sector supply chains. Less common is research on RFID systems within the public sector, and this research generally occurs within the health, defence, or agriculture areas. Using a combination of Actor-Network Theory (ANT) and Institutional Theory, this qualitative study examines how RFID is used within the public sector/private sector RFID network. Interactions across public and private sector RFID networks are examined in order to identify common themes within the network, and to determine where the needs of the two sectors diverge. Twelve themes were identified that acted as ANT mediators within the network, across three dimensions. These mediators differed in activity depending on where within the ANT translation they were strongest. A number of the mediators were also found to exert institutional pressures on organisations within the network, contributing to their strength during translation. The relationship between the two sectors was also examined. Findings indicated that some mediators were stronger within the public sector, particularly with respect to privacy and legislation. It was further found that the relationship between the two sectors was confused by the multiple different roles taken by the public sector within the translation. This multiplicity at times confused both public and private sector partners, leading to uncertainty within the network. This study contributes to research by addressing a gap in understanding of RFID systems in the public-private sector context. It also provides practitioners with a guideline as to which mediators should be addressed when contemplating an RFID system within this context, as well as indicating possible reasons the relationship between organisations in the two sectors may be challenging. In addition, the unusual combination of ANT and Institutional Theory contributes to theory by pointing towards a possible new way to investigate complex technology systems at the organisational level.
Integrating Social Media and Business Process Improvement: Value Propositions and Opportunities for Corporates
Authors:   , Durga Ameera
Published: November 2021

The pervasiveness of social media and the pressure for corporates to be more agile in delivering to customer needs and expectations has led organisations to more business process improvement initiatives. Social Media’s features can drive organisation responsiveness to customer needs and change. Although social media is used aggressively in many businesses across the world, integration with business process improvement has not be been researched. This research focuses on the integration of social media into the business process improvement lifecycle to alleviate the current problems experienced in business process improvement. This research explores the current business process improvement issues and challenges and the value propositions of social media. A qualitative approach was used to collect data via multiple rounds of questionnaires with experts in business process improvement and social media. A conceptual research framework is proposed. Results are interpreted against the framework, leading to findings that include challenges and limitations. In practical terms, the research shows the possibilities and potential of social media in business process improvement by facilitating transparency, ease of communication and reducing cost during economic downturns. Despite extensive research in social media and business process improvement in their own right, there has been little progress on how the social media can be used as a tool in delivering business process improvements for organisations. Social media is an excellent collaboration tool for collecting valuable information for analysis and design from a larger stakeholder group. This paper addresses a gap in the literature relating to some of potential benefits of social media in business process improvement.
Teachers’ perceptions of changes to teaching practice and the influence of professional development: Experienced EFL teachers in South Korea
Authors:   , Cho Jeong Hyun
Published: November 2021

This multiple-case study investigated experienced English-as-a-foreign-language (EFL) teachers’ perceptions of changes to teaching practice as a result of professional development (PD) in South Korea. The study used one-on-one semi-structured interviews as the primary data source to capture teachers’ views on changes to their practice and the impact of their PD experiences. The study drew upon cultural historical activity theory as a theoretical framework and the literature on PD and teacher change to understand the relationship between PD and teacher change, and the influences on this relationship. This study found that various aspects of the teachers’ context – the English education curriculum, teacher culture, the school environment, and education policy – and the complex interrelationship among these factors led these teachers to develop a passive attitude towards PD learning and implementation. So, despite engaging in diverse PD experiences over their career, they rarely considered implementing changes within their teaching practice. This study revealed these experienced EFL teachers’ overarching concern about their levels of English proficiency. It showed that they were inclined to value newly qualified teachers’ capability over their own long teaching experience. They felt isolated within a stagnant teacher culture where they perceived that there was limited support for professional development from either school or education policy. Finally, they felt caught between the conflicting demands of the English education curriculum and classroom teaching. These experienced EFL teachers might be encouraged to develop a more positive attitude if their expertise and capacity were acknowledged as valuable. This would require an investment of time and effort to allow them to prepare for and contribute to PD learning and implementation. Orchestrated efforts from policymakers, school administrators, and teachers could help bring about substantial changes in experienced teachers’ teaching practice and enable them to share their expertise with other educators.
The Intimate Virtuoso: The Guitar, the Rhetoric of Transformation, and Issues of Spectacle in Music by Fernando Sor, Johann K. Mertz, and Giulio Regondi
Authors:   , Garrick Jamie
Published: November 2021

Studies of virtuosity in the eighteenth and nineteenth centuries have tended to focus on the piano and the violin. These instruments were obviously virtuosic and lent themselves to visual and aural displays of power, most notably in the case of Liszt and Paganini. These virtuosi crafted spectacles that were often described with metaphors of power and violence. These spectacles came to characterise the virtuosity of the early nineteenth century. However, the guitar has been largely neglected in scholarship dealing with virtuosity from the late eighteenth and early nineteenth centuries. This is due, in large part, to the status of the guitar within that period. Though popular as an accompanying instrument and in the home, the guitar struggled to find a secure position as a legitimate solo instrument in the public arena. While guitarists such as Dionisio Aguado and Mauro Giuliani were described as ‘virtuosi’, their instrument, unlike the piano and the violin, did not give itself to a spectacle that conveyed notions of power and violence. Rather, the guitar is an intimate instrument, quieter than the piano or the violin, and utilising small movements in the hands. These aspects of the instrument, so often perceived as ‘limitations’ led many writers to dismiss it as an inappropriate instrument for performance in the public spheres occupied by the piano and the violin. Guitarist-composers sought to play to the guitar’s strengths in ways that contrasted with the conventional metaphors of power and violence. Some of these attempts rhetorically aligned the guitar with genres and instruments that carried greater cultural capital. Composers used orchestral metaphors and emphasised the guitar’s ability to imitate other instruments. Other guitarist-composers sought to create a greater spectacle both in and beyond the music itself by emphasising physical movements within the music and writing extra-musical gestures into the music. The rhetoric of transformation was used either by or about the guitarist-composers Fernando Sor, Dionisio Aguado, Johann Kaspar Mertz, and Giulio Regondi, all of whom this exegesis focuses on, demonstrating a desire to legitimise the guitar at a time when it struggled not only to find traction as a ‘serious’ classical instrument, but also a place amongst more obviously virtuosic instruments.
‘A Likeness made From First Hand Witness’?: The Discursive Position of a Purported Crazy Horse Photograph
Authors:   , Russell Grace Campbell
Published: November 2021

This dissertation is concerned with the ways in which photographs are discursively deployed and used in the writing of history. More specifically, it will consider how photos, and the historical, scientific, ethnographic and romantic discourses surrounding them, are used to erase or ‘make safe’ the traces of the radical resistances of dominated groups within colonial frameworks. The case explored here concerns the tintype photograph claimed as being of the Lakota chief and warrior Crazy Horse (c.1840-1877). Exhibited by the Custer Battlefield Museum in Montana, the claim that this photograph is of Crazy Horse is controversial. It is generally thought that no visual likeness of Crazy Horse exists; and his refusal to be photographed can be read as a practice of opposition to his assimilation into colonial narratives and accounts of American frontier history. In claiming the photo to be of Crazy Horse, the history of his resistance is rewritten and repositioned. This changes the way he becomes knowable and understandable within the contexts of (neo)colonial discourses and narratives, in which Native Americans are often relegated to the past, and appear either as casualties of the policies of Manifest Destiny, or as a romantic other which has been symbolically integrated into American mythic culture. This dissertation focuses on how the claim that this photograph is of Crazy Horse is made, and how the various associated cultural fields (photography, historiography, museology) are affected by, and play into, such a claim. This involves identifying the discursive processes and disciplinary mechanisms through which meaning is produced in relation to a particular cultural object. It considers the supposed photograph of Crazy Horse as an example of how history assigns significance to objects “in terms of the possibilities they generate for producing or transforming reality” (de Certeau, 1986:202), rather than as representations or reflections of reality.
The influence of life experience on leadership practices: A case study of Indonesian school principals
Authors:   , Sri Suwarningsih Dwi Purwestri
Published: November 2021

The purpose of this research study was to explore how individuals’ life-stories impact on their leadership development and affect their educational leadership practices. The context for the study is the Nusa Tenggara Timur Province of Indonesia, where the overall educational achievement statistics rank very low compared to other provinces. There is currently a lack of appropriate educational policy or strategy in this province to enhance academic results. Previous research has identified that the quality of leadership may have an impact on school effectiveness and student outcomes, particularly the leadership of the school principals. Thus, this current research focuses on leadership practices of school principals. This qualitative study employed a case study design and semi-structured interviews and document analysis were used. Data were collected from six school principals from the highest achieving schools in Nusa Tenggara Timur Province, Indonesia and analysed used thematic analysis. Four factors identified from principals’ life experience that appeared to influence leadership practices were: childhood experiences; previous leadership experiences; learning from role models; and values. This study highlights the impact on life experiences on leadership practices such as setting goals and strategies, ensuring the quality of teaching, supporting teachers’ professional development, and creating healthy and safe environments. This study contributes to the existing literature regarding school principal leadership practices, and also makes recommendations to the Nusa Tenggara Timur Province government on the selection processes for educational leaders.