bluuebunny/crossref_metadata_2025 huggingface dataset:
RELATION OF ANCIENT MATARAM TEMPLE BASED ON NORTH INDIA AND SOUTH INDIA’S CHARACTERISTICS: FROM THE FIGURE-TECTONICS, MASS-SPACE STUDY, AND ORNAMENTATION
Authors: H. B. Danuleksono Samuel , Prajudi Herwindo Rahadhian
Published: November 2021

Abstract- Hinduism is a religion that was born in India and has developed rapidly into the archipelago with evidence of Sanskrit inscriptions and Pallava. The religion had a significant influence on Java which changed the political, economic, social and cultural life which at that time was still a kingdom. The arrival of Indians to Indonesia affected by the reverse flow between Indonesia and India and India and Indonesia. This can be seen by the presence of Indonesian dormitories in Nalanda (North India) and Nagapattinam (South India). The influence of North and South India can be seen from the existence of Hindu-Buddhist temples in the Archipelago which was built in one of the Hindu kingdoms, namely the Kingdom of Ancient Mataram which had areas of authority from Central Java to East Java. The temples that were built are thought to have an identity with temples in North and South India in terms of figure, inner space tectonics, mass layout, spatial planning, and ornamentation. This identity is thought to be a close relationship between North India and South India with Indonesia, especially in the era of Ancient Mataram.

The purpose of this study is to find out the relationship or relationship of Ancient Mataram era temple architecture to North and South Indian temple architecture. The analysis method used is the comparative – qualitative method. Work plans, plans, pieces, site plans, and block plans of 28 Hindu-Buddha tower types in Central Java will be compared in terms of similarities and differences and then analyzed regarding the position of the laying, and elements of the temple so that the relationship between the two countries is found. Data obtained from literature studies and field surveys. The conclusion drawn from this study is that there is a closer relationship with South India than North India. The influence of North India and South India is only limited to the external appearance in the study of figure and ornamentation, while in the study of mass and spatial planning and inner space tectonics is more developed by the people of Ancient Mataram which is adjusted to traditional values and natural influences.

 

 

Key Words: figure, tectonics, mass layout, spatial planning, ornamentation, North and South India, Ancient Mataram
Bike Shop
Authors:   , Chen Liang
Published: November 2021

The aim of the research is to develop a new model of bicycling supporting infrastructure that is cost-efficient, easily fabricated and installed, energy-efficient, globally transportable and adaptable to site. Cycling has entered into a new era, with a large population of active cyclists competing with unsustainable fossil fuel transport systems. The increase in cycling is a result of rising fossil fuel costs and a more environmentally aware public. The thesis seeks an architectural way of provoking greater incentives for cycling by increasing its appeal and ease of engagement, while decreasing related infrastructure costs.  The design proposes ‘Bike Shop’, an architecturally integrated cycling support facility that can be positioned at regular intervals along a cycling route. The design research challenge is to conceive a facility that is self-sustaining, adaptable, economically produced, environmentally sensitive, portable and able to be applied globally. As a vehicle for design, the Great Harbour Way/Te Aranui o Pōneke will be used. The Great Harbour Way includes plans for a parallel cycling route that stretches over 50 kilometres along the shoreline in the Greater Wellington region from Eastbourne to Owhiro Bay. The Greater Wellington Regional Council has proposed their second highest funding of large projects over $5 million for walking and cycling development in the region. The funding of $17.05 million goes towards the development for a walkway/cycleway between Ngaraunga and Petone. This thesis will test how prefabricated methods such as kit-of-parts and mass customisation techniques can reduce costs yet encourage adaptability to address the wide range of conditions that the Great Harbour Way offers. The challenge of the design experiment for this facility will be to become a new model of cycling infrastructure around the world.  The thesis proposes to reinterpret the Bike Shop as a linear sequence of cycling facilities that inhabit the Great Harbour Way. The Bike Shop is to be placed on this stretch of shoreline at fixed intervals. At these locations with the wide range of site conditions the design challenge is for the facility to arrive as a kit-of-parts, be assembled quickly and adapted to unique site conditions.  The thesis proposes a program where each architecturally integrated facility along the linear sequence will function as new cycling infrastructure, where simultaneously a bike can be repaired or a tire can be inflated or a bicyclist can rest and rehydrate with other cyclists off the road. In this way, each facility will promote safe cycling, thereby providing safety, environmentally sustainable energy, and public health benefits to more cyclists. In this way, the thesis argues that the facilities will be recognized as signifiers of the city as well as markers of location and orientation. Overall this thesis invites prefabricated elements to be adaptable in ways that make them responsive and beautifully reflect the site rather than just repetitive.
The challenges of ethical leadership: a case study of secondary school leader's experiences in Kenya
Authors:   , Oduol Truphena
Published: November 2021

Research has shown that school leaders today face more numerous ethical challenges than before, however little is known about the ethical challenges school leaders in Africa, and more specifically Kenya, encounter. This single case study investigated the nature of the ethical challenges that secondary school leaders face in conforming to the demands for ethical leadership and professionalism. It explores the perspectives of school leaders using semi-structured individual interviews: five school principals, 16 heads of department, five school boards of governors, and five school bursars, in five categories of secondary schools. The views and perspectives of nine parents on the leaders' ethical decision-making were also sought through interviews, because as stakeholders they are recipients of decisions made by the leaders. Drawing on a social constructivist theoretical framework and Eurocentric and Afrocentric paradigms for analysis and interpretation, the study revealed that the school leaders' ethical problems emanated from dealing with the realities of the context which creates conflicting demands for ethical conduct. A critical analysis of these themes using Foucauldian concepts of subjectification, power and governmentality illustrated that school leaders' ethical challenges were intensified because of their forced accommodation to Euro-western global policies. These policies, in particular the Structural Adjustment Programmes policy, the Education For All policy and the Good Governance Agenda are geared towards attaining the utopian dream of development. In view of this goal, the Kenyan state and school leaders are exposed to global interventions propagated on terms of discourses of improvement. The thesis argues that ethical challenges are intensified and persist because school leaders and the State have failed to critically reflect on these external influences, and allowed international global bodies to define the nation's needs, values and destiny. This study recommends that the State and education policy makers need to take a lead in developing their own value systems and policies, taking into account local Kenyan contextual needs and giving greater valence to Afrocentric values.
Rethinking Electoral Reform Processes after the Report of the Electoral Commission on the Review of the MMP Voting System
Authors:   , Bennett Ashleigh
Published: November 2021

The 2012 Report of the Electoral Commission on the Review of the MMP system recommended that several changes be made to the way in which future parliaments are elected in New Zealand. The lack of legislative response to the recommendations highlighted an issue inherent in New Zealand’s constitutional arrangements - that changes to electoral rules are designed and enacted by politicians, and there is no mechanism through which citizens can initiate or meaningfully engage with electoral reform processes. This paper looks at whether there is a better way that such proposals for electoral rule changes could be managed, proposing the use of ‘citizen initiated’ Citizens’ Assemblies on Electoral Reform.
Entitlement to cover for chronic pain syndrome under the Accident Compensation Scheme
Authors:   , Bull Juliet
Published: November 2021

Sufferers of primary chronic pain syndrome are not currently entitled to cover from New Zealand's Accident Compensation scheme. The Supreme Court decision in Allenby v H, which adopted a wider interpretation of the term "physical injury", presents an opportunity for the courts to reconsider whether chronic pain syndrome should constitute an injury. Policy factors, particularly the need to uphold the integrity of the legislation enacted by Parliament, demand that the status quo exclusion of chronic pain syndrome is maintained. A legislative amendment which clarifies this position is recommended.
Council liability for leaky buildings in New Zealand: An analysis of McNamara v Auckland City Council
Authors:   , Zander Philip
Published: November 2021

This paper discusses the Supreme Court decision in McNamara v Auckland City Council. As McNamara is on the fringes of the existing body of law, the Supreme Court had a difficult decision on whether to extend liability, in line with the general development of this area of law or to restrict liability and reverse the earlier trends. William Young, McGrath and Blanchard JJ in the majority held that the Auckland City Council was not in a proximate relationship. The Council owed no duty of care to inspect the procedural validity of the building certificates or the validity of the code compliance certificate in the LIM report. Joined by Tipping J, the majority further concluded the s50(3) good faith defence would also prevail in both situations. Elias CJ dissented on all issues. This paper analyses the decisions and available facts against the accepted negligence framework and analyses policy issues concluding that the approach of Elias CJ is to be preferred to harmonise defective building law.
Same-Sex Marriage and Religious Exemption under the Marriage Act: Where Does Section 29 Leave Religious Objectors?
Authors:   , Wilson Simon Matthew
Published: November 2021

This paper analyses the implications of section 29(1) of the Marriage Act 1955 for marriage celebrants wishing to refuse to solemnise same-sex marriages on religious grounds. Section 29(2) of the Marriage Act (as amended in 2013) allows a limited religious exemption for some celebrants, but not all are covered by this provision. Those not included (namely independent celebrants) can only refuse to solemnise a marriage if section 29(1) allows such a refusal. This paper asserts that when solemnising marriages, celebrants perform a ‘public function’ and are therefore subject to human rights obligations arising from the New Zealand Bill of Rights Act 1990 (NZBORA). These obligations are not overridden by section 29(1), so a celebrant can only refuse to solemnise a marriage if NZBORA allows this. A refusal to solemnise a same-sex marriage on religious grounds limits the right to freedom from discrimination in a way that is demonstrably justified in a free and democratic society, and thus permitted by NZBORA. Section 29(1) therefore provides a broader protection for celebrants than section 29(2), allowing all celebrants to refuse to solemnise same-sex marriages on religious grounds.
Contextualising information behaviour: The example of Laos
Authors:   , Gaston Nicole Marie
Published: November 2021

The ways in which people need, seek, and use information vary considerably from one context to another. This thesis reports on a qualitative study investigating the contextual factors affecting information behaviour in a developing country. The literature review revealed that cultural and social factors have a significant impact on cognition and information behaviour, yet contextualised understandings of information behaviour that take diverse local conditions into account have yet to be developed for non-Western, developing country contexts. An interpretivist research design was employed in this study, using Dervin’s sense-making methodology, the critical incident technique, and discourse analysis to collect, analyse and interpret interview data on everyday information behaviour from 30 participants in Laos.  The primary objective of the research was to identify the contextual factors that affect information behaviour in Laos, and to understand how contextual factors influence how people need, seek, manage and use information. The findings indicated that a number of interdependent primary and secondary contextual factors play a key role in how people engage with information in Laos. Primary factors included the social and cultural contexts of an individual, with numerous secondary factors such as personal, situational, physical, and economic contexts also playing a role in information behaviour. The interpretation of the findings enabled the development of a contextualised understanding of information behaviour for individuals in Laos. In addition, the research methods provided a framework from which contextualised understandings of information behaviour in diverse local contexts can be explored, fulfilling a secondary objective of the research. These findings have implications for information professionals, information systems design, and international aid projects, by providing contextualised understandings of information behaviour, facilitating the development of more relevant services and resources.
Will the benefit equal the effort? An investigation into the personal significance of the changes signalled in a mandated curriculum to New Zealand secondary school teachers
Authors:   , Service Brenda Mary
Published: November 2021

A new school curriculum was implemented in all New Zealand schools during 2008 and 2009 and was mandated at the beginning of 2010. The changes signalled in the new curriculum required teachers to incorporate key competencies into their teaching and to move to student-centred practice which involves students in the decisions about their learning. It was possible that this social constructivist approach represented a change in teachers’ beliefs about teaching and learning and to their practice.  Much of the literature on educational change appears to overlook the transformational nature of the learning needed to bring about changes in beliefs and practice and teachers’ personal motivation to engage with it. Unless change is of personal significance to individuals they are unlikely to be motivated to engage with it. Using Eisner’s (1998) method of educational criticism, this case study is an investigation into the personal significance of the new curriculum to the teachers’ reality. In the spirit of educational criticism, the lens of an educational connoisseur was used to first develop an understanding of the teachers’ reality followed by that of an educational critic to evaluate what occurred.  Over a two-year period the study involved semi-structured interviews with twelve secondary school teachers in three schools, observations of the classroom practice, and analysis of school documentation and societal messages. While all the participating teachers’ espoused beliefs that were congruent with the philosophy of the new curriculum, constructivist practices were observed in the practice of only two teachers. What prevented the other teachers’ wholehearted engagement in the implementation of the new curriculum was not their beliefs about teaching and learning but rather, the extent to which external pressures determined their priorities. These pressures included the misalignment of the school goals and cultural norms, the impact of NCEA assessment regime, time constraints, leadership issues, lack of conceptual understanding and the absence of professional learning to support transformative learning.
Why Do Gay Christians Go To Church? Foucault and Religion
Authors:   , Beazer Jonathan Timothy
Published: November 2021

This thesis explores the subjective experiences of New Zealand men who identify as gay and Christian. In particular, the study questions why gay men attend churches that have traditionally not welcomed or supported them. A small number of international studies have investigated gay men who have left the Church but there are few studies of those who stay. This research uses the work of Michel Foucault to theorise the contours of gay Christianity. Foucault's work has been little used in the sociology of religion. Semi-structured interviews were undertaken with twelve men who identified as gay and Christian. Transcripts were examined using theoretically based thematic analysis, and three resulting themes are explored. The first theme describes religious exclusion of gay men and the value of supportive networks for gay Christians. The second theme theorises the concept of religious belief as both a type of knowledge/power and a practice, as well as exploring connections between religion and power. The third theme focuses on subjectivity, analysing ways in which those interviewed constructed an integrated gay and Christian self. Church attendance by gay men is attributed to three factors summarised as reasons of faith, reasons of fellowship and reasons of identity. These findings contribute to academic literature concerning religion, gay identity and Foucault, and there is scope for further research in these areas. The use of Foucault's work in this way may contribute to theoretical and methodological developments in the sociology of religion.
The Effect of Valenced Facial Expressions on Vertical Selective Attention
Authors:   , Beintmann Marie-Louise
Published: November 2021

Research using mood induction (Wapner, Werner & Krus, 1957) or positive/negative word stimuli, (Meier & Robinson, 2004) as well as studies using participants pre-existing neurotic/depressive symptoms (Meier & Robinson, 2006) have documented the ability of emotional stimuli and states to shift attention upwards (positive emotion) or downwards (negative emotion) in space. This study aimed to investigate whether this impact of emotion on vertical attention extended to briefly presented facial expressions. A within-subjects, modified version of Meier and Robinson’s (2004) Study 2 formed the design for these experiments. Experiments 1- 4 tested the ability of arrows, shapes and emotional facial expressions to shift vertical attention. Results indicate that for both schematic (Exp.2) and real (Exp. 4) faces, positive valence (happy expression) shifted attention upwards, but there was no evidence of the negative valence (sad expression) shifting attention downwards, giving partial support to the conceptual metaphor theory. No evidence of positive valence broadening - or negative valence narrowing - vertical attention was found in support of Fredrickson’s broaden-and-build theory (Exps.2 & 4). The current research has provided partial further support for the conceptual metaphor theory and advanced knowledge in the area of emotion and vertical attention using pictorial stimuli such as facial expressions. It also provides some direction for future research in this area, highlighting key issues to be resolved.
Stemming the Flow of Corporate Human Rights Abuses: Incorporating the Ruggie Report in the Common Law Doctrine of Foreign Judgment Enforcement
Authors:   , Carr Erin Matariki
Published: November 2021

The eminent case of Aguinda v Chevron Corporation, currently in its twentieth year of litigation, represents a growing phenomenon in international commercial litigation between multinational corporations and victims of human rights abuse from developing nations. In 2011 Aguinda awarded approximately US$18 billion against Chevron for extreme environmental and human rights abuse from oil contamination in the Amazon region of Ecuador. Chevron has removed its assets from Ecuador’s jurisdiction leaving the plaintiffs without remedy. This paper traces Aguinda to Canada where the plaintiffs’ action in Yaiguaje to enforce the judgment to satisfy their debt is stayed. This paper critiques this decision of the Ontario Superior Court of Justice as being unprincipled and failing to consider the wider implications of its decision on the struggle for developing nations to remedy human rights abuses by multinational corporations. This paper argues that the common law doctrine of foreign judgment enforcement must evolve to reflect the needs of modern society. The paper does this by incorporating the “Protect, Respect and Remedy: A Framework for Business and Human Rights” report released by the United Nations in 2011.
The fiscal nullity doctrine in New Zealand
Authors:   , Crawford Allegra McLeod
Published: November 2021

This paper considers whether the fiscal nullity doctrine is part of New Zealand law with particular reference to Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue and some discussion of cases relating to fiscal nullity from the United Kingdom, Australia and Canada
Tax planning in the boardroom: should directors owe a duty to understand their companies' tax planning?
Authors:   , Denton Sarah
Published: November 2021

This paper analyses whether directors should owe a duty to understand their companies’ tax planning, and if so, what this duty should look like and whether this duty could successfully be implemented into New Zealand law. This paper then assesses whether it is in fact appropriate to impose on directors a duty to understand tax planning by comparing this duty to directors’ obligations and liabilities in other areas of regulation. Finally, this paper concludes that directors should owe a duty to understand their companies’ tax planning, but that this duty would be difficult to implement into New Zealand law.
Water as a Social Generator: Activating social and water security in residential Kilbirnie
Authors:   , Shearer Dylan
Published: November 2021

Residential streets make up a large proportion of accessible public space while failing to facilitate community activity. These streets carry a relatively low volume of traffic, yet are standard in form. This factor in conjunction with the self-contained nature of houses in residential areas results in a lack of social capital in areas with a large amount of social potential.  The suburbs of Kilbirnie on the Rongotai isthmus in Wellington have been selected as the site due to the potential of the streets; in particular due to their width and mono-functionality. The five sites that have been selected have potential far beyond their current use and are going to be used as a design case study to explore pre-emptive disaster design in conjunction with providing social amenities.  The streetscape within the identified site is excessively wide with a large amount of on-street parking. This thesis argues that this extra, underutilised space has the potential to be adapted into an aesthetically pleasing, functional community amenity. The designs will break up the monotonous nature of the residential streets and create a hub for surrounding residents through the exploration of programme and form. The introduction of water storage infrastructure as a programme will pre-emptively service the suburb in the event of a disaster. The likelihood of the potable water supply being severed to both the Wellington CBD and to the Rongotai Isthmus and Miramar Peninsula is high due to the location of the service pipes in relation to the dominant fault lines in the suburb.  The study proposes exploring programmes which challenge people’s perception of ownership of public land and amenity. Re-allocating and prioritising parts of street space to provide amenity for surrounding residents has the potential to initiate a change from monotone, mundane functionality into a hub of social activity, community building and disaster resilience. The design methodology uses precedents which employ techniques that can be used to challenge the norm and provide a design outcome which creates engaging residential spaces.
Opening and Balancing the Books: the New Zealand Parliament and the Control and Scrutiny of Government Expenditure
Authors:   , Thomas Alexander Sylvan
Published: November 2021

Controlling and scrutinising government expenditure is an important duty of the New Zealand Parliament. There is an on-going debate on the effectiveness of Parliament in undertaking this. The role, inherited from the British Parliament, has been developed upon and refined by the New Zealand Parliament. Parliament holds the government to account for its expenditure through a system consisting of the Finance and Expenditure Committee, other subject select committees, extensive Budget and Estimates documentation, and detailed appropriations. The Controller and Auditor-General, debate in the House, and thorough accounts and accounting are also a part of the process. The New Zealand Parliament can have more than adequate control of government expenditure, but is sometimes deficient at scrutinising its details. Recommendations to improve Parliament’s ability to control and scrutinise government expenditure must centre on Members of Parliament being willing, able and eager to undertake the role.
(Un)lucky Strike and the Winnie Blues: Tobacco Plain Packaging, Investment Treaties, and the Framework Convention on Tobacco Control
Authors:   , Herbert Campbell
Published: November 2021

In recent years, tobacco has been the subject of increasingly more stringent regulatory attention. At the same time there has been a proliferation of bilateral and multilateral investment agreements, While the former compels state Parties to take action to reduce tobacco consumption, many of the latter provide a guarantee to foreign investors that states will not enact measures which result in a substantial reduction of the value of their property. Recent disputes illustrate that these two sets of obligations are not capable of coexistence. In 2012 Australia took regulatory action, enacting legislation obliging the sale of tobacco products in “plain” packets. Philip Morris, Japan Tobacco International and British American Tobacco took to a number of different fora to challenge the measures as being in violation of their rights under national constitutional law, world trade law, and under nternational investment law. While the domestic law claims were limited to an assessment of the measure in the context of the companies’ constitutional rights, and the WTO claims face a significant hurdle because of the public interest nature of the regulations, the claims brought as international investment arbitrations are not subject to these same constraints. The result is a conflict of obligations. States are left in a position where they must take steps to reduce tobacco consumption while at the same time refraining from action amounting to expropriation of an investment. Does one of these obligations take priority of the other? Or must they both, as the Vienna Convention on the Law of Treaties suggests, be performed in good faith? The application of various conflicts rules imported from domestic and private international law into the international law sphere more generally yields some answers, goes some way to resolving the conflict, and reconstitutes the otherwise increasingly fragmented international law.
Is There an App for That?: An Exploratory Study into the Use of Mobile Technologies and mLearning within Aotearoa New Zealand’s Higher Education Libraries
Authors:   , Maniapoto Tracy Marie
Published: November 2021

1.1. Research problem The objectives of this research study are to explore the extent to which Aotearoa New Zealand’s higher education libraries are using mobile technologies for the delivery of its information and research services, and the impact these technologies may have on the professional development needs of higher education library staff. 1.2. Methodology Using a mixed method design approach, two data sets were investigated. First, the web-based library homepages of 29 higher education libraries within Aotearoa New Zealand were examined for their level of conformance to a mobile platform and second, library staff from the 29 higher education libraries were surveyed for their perceptions of, and experiences in, using mobile technology both within a social context and within the workplace. 1.3. Results This research found that while mobile technologies are in use by the majority of higher education libraries to a degree, financial costs and a lack of resources were identified as barriers to providing virtual library users with mobile services that meet both their needs and expectations. In their current state, the web-based library homepages for the majority of libraries are content-heavy and do not conform well to a mobile platform. This research also found that library staff do not always feel supported in exploring professional development training around mobile technologies and are aware of the impact this may have on providing high level service desk support. In addition, findings suggest library staff are not necessarily aware of new innovations provided by their libraries. 1.4. Implications Library users are likely to experience high levels of dissatisfaction when browsing the library homepage on a mobile web browser due to latency created by content-heavy webpages. Further, mobile services should be fit for purpose to meet the needs and expectations of 21st Century learners.For library staff, consideration should be given to developing professional skills when implementing new innovations within the workplace. Communication channels for marketing new innovations should also be clear and distributed to all library staff.
The Courts’ Discretion under UNCITRAL articles 34 and 36.
Authors:   , Liebelt Franziska
Published: November 2021

This paper addresses the question whether or not courts have the discretion to disregard one of the grounds listed in arts 34 and 36 of the UNCITRAL Model Law and not set aside or enforce an award despite one of the grounds being proven. It further more analyses in what circumstances the courts disregard the grounds. This paper comes to the conclusion that the issue is not a question of the use of the word “may” in the relevant provisions because courts that do not accept the discretion nevertheless disregard grounds for the same reasons as courts that do accept the discretion as a matter of narrow interpretation of the grounds. This paper then moves on to discuss estoppel and materiality as reasons to disregard the grounds. It concludes that these two principles are international recognised and therefore justify the preservation of an award. It suggests that to reach further harmonisation in this issue the Model Law should include provisions on estoppel and materiality.
Should the use of an alternative trial process preclude referral back to the criminal justice system? Consideration of one aspect of the Law Commission's proposal for trial process reform in cases of sexual offending
Authors:   , Macaulay Sophie
Published: November 2021

In its recent Issues Paper, Alternative Pre-Trial and Trial Processes: Possible Reforms, the New Zealand Law Commission proposed to make available some form of restorative justice process as a complete alternative to the criminal justice system in certain sexual offence cases. It also proposed that where an offender participates in an alternative process in good faith and fulfils all undertakings, the case cannot be referred back to the criminal justice system. This paper considers situations where alternative trial processes should be referred back to the criminal justice system and what should happen to material disclosed during the alternative process if referral occurs.  If restorative processes are to be used as a complete alternative to the criminal justice system, there must a “public safety override” which prioritises public safety over victim autonomy. This override will be applied by restorative justice providers, who will have the ability to refer cases back to the criminal justice system. If referral does occur, the content of the restorative proceedings should be privileged, and that privilege should belong to the offender. The fact of the offender’s agreement to participate should also be privileged.
R v Cunnard: Judicial application and expansion of section 102 of the Sentencing Act 2002
Authors:   , Mallett Sean
Published: November 2021

Section 102 of the Sentencing Act 2002 gives judges’ only limited discretion when sentencing for stage-1 murder: the discretion to rebut the presumption of life imprisonment in circumstances where the sentence would otherwise be “manifestly unjust”. This is a high threshold, and the Court of Appeal has said that it will be met only in exceptional cases. The judgment in R v Cunnard is the first time that a person who derived their conviction of murder from a principal offender has had the presumption displaced, and this essay explores whether or not this decision has lowered the threshold to establish manifest injustice. Although Miller J’s judgment conforms to the common features that exist in the few cases where the presumption has been successfully displaced, it is not without criticism. There are issues as to whether an overall assessment of the circumstances of the offence and the offender were made, as well as significant concerns regarding the emphasis the judge placed on sentence parity between co-offenders.
Platinum Complexes of Bicyclopropylidene and Related Ligands
Authors:   , Hoyte Sarah Amy
Published: November 2021

The coordination chemistry of the cyclopropyl-substituted alkenes, bicyclopropylidene (BCP) and methylenecyclopropane (MCP), with platinum was explored. A range of complexes with ŋ²-alkene ligands were synthesised by the displacement of a ligand, typically ethene, from a precursor complex. These complexes are [Pt(L)(P—P)] (L = BCP, MCP; P—P = Ph₂P(CH₂)₃PPh₂, Cy₂P(CH₂)₂PCy₂, ᵗBu₂P(CH₂)₂PᵗBu₂, ᵗBu₂PCH₂(o-C₆H₄)₂PᵗBu₂), [Pt(L)(P—S)] (L = BCP, MCP; P—S = ᵗBu₂PCH₂(o-₆H4)CH₂SᵗBu), [Pt(C₂H4)(L)(PR₃)] (L = BCP, MCP; PR₃ = PPh₃, PCy₃), [Pt(MCP)₂(PR₃)] (PR₃ = PPh₃, PCy₃) and [PtCl₂(L)(L′)] (L = BCP, MCP; L′ = Py, DMSO). These were the first examples of platinum complexes with ŋ²-BCP ligands, and the first bis-MCP Pt complexes.  BCP underwent ring-opening reactions with both Pt(0) and Pt(II) complexes to form the 1,3-diene allylidenecyclopropane (ACP). The first transition metal complexes of ACP [Pt(ACP)(P—P)] (P—P = Ph₂P(CH₂)₃PPh₂, Cy₂P(CH₂)₂PCy₂, ᵗBu₂P(CH₂)₂PᵗBu₂) were synthesised. Some of these complexes rearranged to form ŋ²:σ²-metallacyclopentene complexes, the first instances of the formation of ŋ²:σ²-metallacyclopentene complexes from ŋ²:π-diene complexes. With MCP, the ring-opening reaction only occurred with [₂(COD)], as a result of the anti-Markovnikov addition of Pt–H, generated by the β-hydride elimination of an Et group, across the double-bond. The major products of this reaction were the 1-methylcyclopropyl complexes [Pt(C(CH₂)₂CH₃)Et(COD)] and [Pt(C(CH₂)₂CH₃)₂(COD)], the first examples of such complexes.  Protonation of [Pt(L)(P—P)] resulted in a ring-opening reaction to form both the 2-substituted and 1-methyl allyl complexes, [Pt(ŋ³-CH₂CRCH₂)(P—P)]⁺ (R = ᶜPr, Me; P—P = Ph₂P(CH₂)₃PPh₂, ᵗBu₂PCH₂(o-C₆H₄)CH₂PᵗBu₂) and [Pt(ŋ³-CR₂CHCHMe)(P—P)]⁺ (R = cPr, Me; P—P = Ph₂P(CH₂)₃PPh₂, ᵗBuPCH₂(o-C₆H₄)CH₂PᵗBu₂). The analogous 1-methyl complexes were also formed from [Pt(L)(P—S)], wherein the alkene reacted with a hydride formed by the ortho-metallation of the P—S ligand. Computational models were used to investigate the formation of the allyl structures and it was found that the activation energy had a more significant effect than complex stability on product distributions.  Complexes with β-chloroalkyl ligands [Pt(C(CH₂)₂CR₂Cl)Cl(L)₂] (R = CH₂, H, L = SEt₂, NCᵗBu, Py) were formed by the addition of Pt–Cl across the alkene double bond. Phosphine complexes were formed by the displacement of a ligand from cis–[Pt(C(CH₂)₂CR₂Cl)Cl(Py)₂] (R = CH₂, H). These are the first examples of stable Pt(II) β-haloalkyl complexes. It was found using computational models that the presence of cyclopropyl rings had a stabilising effect on these complexes.
The Double Irish and Dutch Sandwich tax strategies: Could a general anti-avoidance rule counteract the problems caused by the utilisation of these structures?
Authors:   , Thorne Danielle
Published: November 2021

This paper analyses the Double Irish and Dutch Sandwich tax structures used by large multinational enterprises. These structures enable companies to shift significant profits to offshore tax havens through the use of wholly owned subsidiaries in Ireland and the Netherlands. Application of the New Zealand General Anti-Avoidance rule in s BG 1 of the Income Tax Act 2007 reveals that any attempt to counteract these structures would be highly fact dependent. The paper concludes that it would be possible to apply the rule, but that there would be practical difficulties in relation to enforceability of the Commissioner’s ruling. A similar result was reached when applying the United States General Anti-Avoidance rule. The attempted application of the General Anti-Avoidance rules reveals a fundamental flaw in the income tax system. That is, the inability of the current system to regulate and control intangible resources and technology based transactions.
The Synthesis of Novel Gallium Carbenes, Nitrenes, Phosphinidenes and Alkoxides
Authors:   , Cummins Struan John Wright
Published: November 2021

In the present study, synthetic routes to formal double bonds between gallium and carbon (fig 1), nitrogen (fig 2), and phosphorus (fig 3) have been investigated. These synthetic routes utilised the monoanionic, four electron donor, β-diketiminate (BDI) ligand to provide both steric and electronic stabilisation to three coordinate gallium complexes. The known di-substituted β-diketiminatogallium complexes: [(BDI)GaMe₂] and [(BDI)Ga(NHPh)₂], as well the new complexes: [(BDI)GaBn₂], [(BDI)Ga(NHDMP)₂] (DMP = 2,6-Me₂C₆H₃), [(BDI)Ga(NHDIPP)₂] (DIPP = 2,6-iPr₂C₆H₃), [(BDI)Ga(PHPh)₂] were examined for their reactivity towards the α-proton elimination mechanism for the formation of multiple bonds that is observed in transition metals. All of these complexes were shown to be unreactive towards α-proton elimination.  The di-substituted β-diketiminato-gallium complex [(BDI)GaMe₂] was subjected to various aniline derivatives to investigate if the methyl ligands exhibited the same reactivity as di-methyl transition metal complexes, where the methyl ligands could deprotonate the aniline to form a metal-imido complex. This complex was found to have no reactivity with anilines.  The mono-substituted β-diketiminato-gallium complex [(BDI)Ga(NHDMP)Cl] was tested for its reactivity with ⁿBuLi to abstract the amide proton and eliminate LiCl to form a gallium imido complex. While the ¹H NMR spectrum of the reaction mixture showed that a reaction had occurred, the products could not be isolated for characterisation.  Another mono-substituted β-diketiminato-gallium complex [(BDI)Ga(PHPh)Cl] was also tested for its reactivity with ⁿBuLi to abstract the phosphide proton and eliminate LiCl to form a gallium phosphinidene complex. The ¹H NMR spectrum and ³¹P NMR spectrum of the isolated complex revealed that it still contained a phosphide proton, however the gallium centre now appeared to be bonded to a former methine carbon of an isopropyl group of the BDI ligand (fig 32). This bond may have formed through metathesis between an intermediate containing a gallium-phosphorus double bond, and the C-H bond of the isopropyl group. Further mechanistic studies could confirm if an intermediate such as [fig 3] is formed, and the synthetic strategy altered to isolate it.  The synthesis of β-diketiminato-gallium-alkoxide complexes was also attempted, however the products of these synthesises could not be isolated due to solubility issues, potentially due to polymerisation.
Vietnam-Japan Trade Relations in the 1st Decade of the 21st Century
Authors:   , Le Thuy Ngoc Van
Published: November 2021

Since the early years of the past century, the expansion of integration and economic cooperation has become an inevitable trend for economic development of countries. The globalization has opened up significant economic opportunities to countries that no one can deny. In such context of the international division of labor is going strong, the international economic cooperation has become the best way for states to promote their maximum advantage, as well as fully exploit the benefits of the other countries to serve their country namely, Singapore, Malaysia and Thailand. Vietnam, too, to accelerate the process of industrialization and modernization, the Communist Party and government have been implementing the foreign policy of openness and diversification and multilateral international economic relations, taking the objectives of peace and development as the standard for all external activities.  Unexceptionably, both Vietnam and Japan have found each other in the favorable conditions, as well as the mutual national economic benefits to develop and strengthen bilateral cooperation relationships between the two countries. The pinnacle of this relation was marked by the Vietnam-Japan Economic Partnership Agreement signed in 2008. After over three years of implementation, there have been a significant benefits and opportunities gaining from the Vietnamese-Japanese trade relations. Besides the positive results achieved in the trade relations, there have been some limitations that need to be surmounted, removed to further develop the full potential of the two countries, to strengthen the relationship between the two nations.  The purpose of this research is to evaluate economic effects of Vietnam’s accession to Vietnam-Japan Economic Partnership Agreement (VJEPA) by implementing tariff elimination, logistics enhancement, and reduction in service trade barriers. The hypothesis is that two participating countries can benefit from the accession, resulted in higher real GDP and economic development. The research has found out that VJEPA is an important step on a longer journey of partnership between the two countries through the evidences of new opportunities for both but there is still a lot of work to be done on both sides to take full advantage of the relationship.
Through the looking glass: The Matrix franchise and interpretation
Authors:   , Kale Russ
Published: November 2021

This thesis analyses the reception of the Matrix trilogy by paying close attention to the work of film reviewers, and academic commentators who interpret the films from a religious perspective. The methodology of the project involves using a historical reception studies approach based on the work of Janet Staiger. The film reviews display an interest in the trilogy’s action sequences and its numerous cultural references. As the trilogy proceeds, the reviewers become increasingly concerned about the emphasis on spectacle. I argue that these interests can be understood in terms of debates in Film Studies around the 'cinema of attractions' and the tensions between narrative and spectacle in contemporary Hollywood cinema. The Christian, Buddhist and Gnostic religious academic commentaries all utilise an allegorical approach to the trilogy. As a result, they interpret the films through the prism of good versus evil. They also stress the importance of the acquisition of knowledge. In my opinion, the film reviews and religious interpretations share an interest in unity or singularity. This parallels the narrative of the trilogy, specifically the quest for 'the One'.
Enactment of Vietnam Competition Law 2004: A case study of harmonizing internal and external factors
Authors:   , Tran Thi Minh Phuong
Published: November 2021

Vietnam is an economy in transition that has encountered a great deal of obstacles and issues shifting to the market tract. Due to a lack of synchronized legal systems, and the legacy of stagnant economic development and low efficiency dating from the wartime, it has been even more difficult for Vietnam to adapt itself to the new context of globalization. Since Doimoi however, Vietnam has witnessed gradual but important changes in thinking and action. In order to apply the model of “socialist market-oriented economy” in practice, Vietnam enacted the Vietnam Competition Law (VCL) in 2004. After nearly a decade of being in force, the VCL (2004) has attracted lots of critique over its outdated and inappropriate content. In contrast, a number of comments from economic experts and academia still express supportive attitudes and highly appreciate the introduction of the law in 2004. Competition-related issues are now an important concern in the domestic market and the law has strengthened Vietnam’s integration into the regional and global economy.  This thesis identifies the factors determining the promulgation of the VCL (2004). It argues factors came from both internal and external sites. Changes in economic political thinking and negative experience in the national economy for a long period are found to be the main forces for the promulgation from a domestic perspective. While entering a number of regional organizations like ASEAN and APEC and indirect pressure from application for entrance into the WTO and negotiation with the U.S. under the Bilateral Trade Agreement are the main forces from an external perspective. The thesis shows how both external and internal factors contributed to and interacted with each other in the enactment of the VCL (2004). It finds these forces were harmonized in a way that met Vietnam’s international obligations and desire for deeper integration with the global economy while also meeting the requirements of competition law in a transitional economy. These findings suggest further study on the process of harmonization of external and internal forces in the area of competition policy is needed to understand better the process of introducing competition policy in transitional economies.
Multipolarity and Stability in Asia
Authors:   , Duong Nu Hoang Anh
Published: November 2021

This thesis considers the relationship between multipolarity and stability in Asia. Stability can be perceived as a system’s tendency towards equilibrium and will be examined in terms of war avoidance of the great powers and the stability of the distribution of power in the region. In the next twenty or thirty years, Asia will be increasingly multipolar in the form of either three powers (the United States (US), China, and India) or four (the US, China, India and Japan). I argue that a more multipolar Asia will reduce the likelihood of great power wars because of increasing economic interdependence and the calculations by states of their national interests. However, in terms of the stability of the distribution of power, the new distribution of power will involve a balance between the US, China and India, but it still remains contested due to questions raised about China’s and India’s legitimacy. In general, while Asia is more likely to be stable in Asia if it is multipolar, the likelihood of conflicts between China and India remains an open question. I conclude that the stability in Asia depends not only on the structure of the system but also other factors such as these major states’ uncontrolled actions and behaviors in response to other states in the system.