bluuebunny/crossref_metadata_2025 huggingface dataset:
Breaking the Circle of One: Reflection in Montessori Early Childhood Centres in Aotearoa New Zealand
Authors:   , Pickering Ana
Published: November 2021

Little is currently known about how teachers in New Zealand Montessori early childhood centres reflect on Montessori philosophy and practice individually and collaboratively within teaching teams. The purpose of this research was to discover the current views about reflection on Montessori philosophy, the barriers teachers faced in reflecting and opportunities they identified for reflection. The impact that requirements for self review and teacher reflection have had on the approach taken to reflection, inquiry and professional learning by teachers in Montessori early childhood centres was also investigated. This research study used a mixed method case study and data was collected from teachers working in Montessori early childhood centres through semistructured interviews with three groups and an online survey of individual teachers.  Participants placed high importance on reflection. However some participants were reluctant to critique Montessori philosophy; either because they viewed it as ‘valid’ or because they were concerned about being regarded as ‘heretical’ by other teachers. Participants felt safe raising questions within their teaching teams, but were more wary of debating and questioning philosophical issues with teachers in the wider Montessori community. Others regarded reflection as an opportunity to develop a shared understanding of Montessori philosophy and practice in their early childhood centre. Despite the participants’ perception that their team spent time reflecting on Montessori philosophy and relating this to daily teaching practice, it was still a challenge to make these reflective activities a priority in limited centre team meeting times. In addition, it appears that more support is needed to improve skills and knowledge about how the cyclical process of review or inquiry can engage with Montessori philosophy, inform centre philosophy, drive centre practice and improve outcomes for children. This study suggests that teachers would benefit from the creation of ‘safe spaces’ where they can engage with colleagues from their own or other Montessori early childhood centres in debate and discussion so that teaching practice becomes based on critical engagement with the underlying theoretical or philosophical principles of Montessori education.
Investigating the pedagogical practices of EFL writing teachers in Palestinian universities: A cognitive-ecological perspective
Authors:   , Alzaanin Eman Ishaq
Published: November 2021

Teacher cognition studies are rare in the Palestinian context, as is also true in other contexts where English is taught as a foreign language. This study draws on theories of second language writing and teacher cognition to investigate the interplay between EFL writing teachers’ cognitions and their pedagogical practices. It employs a qualitative design involving multiple case studies to explore how the pedagogical practices of twelve EFL writing teachers working in Palestinian universities are shaped by their cognitions and contextual factors.  Data were collected across the nine-month academic year through semi-structured interviews, classroom observations, stimulated-recall interviews, and review of documents. A multiple case study research design was used, and constructivist grounded theory informed data analysis. Data were transcribed, coded, and analysed through the development of 12 case reports which were reconstructed into three clusters of cases. The cross-cluster analysis generated a cognitive-ecological model to explain teachers’ choices favouring different pedagogical approaches to teaching EFL writing. Results reveal that teachers’ cognitions about the nature of EFL writing, about teaching and learning writing and about themselves as EFL writing professionals influence their pedagogical practices. The findings also accentuate the role of ecological contexts as a mediating force influencing the interaction between cognitions and practices. These ecological contexts include classroom social and physical contexts, institutional context, broader educational context, and global community discourse. Classroom social and physical contexts were identified and perceived as the most significant barriers to teaching writing, while gaining access to the global community discourse was viewed as the greatest facilitator for adopting recommended practices. Teachers’ cognitions about professional self also determine the weight assigned to the different ecological contexts, thus determining reactions to perceived ecological challenges. This may explain why teachers working in the same context under the same conditions teach differently. Some implications of these findings include the importance of encouraging EFL writing teachers to reflect on pedagogical cognitions and practices relevant to their working contexts as well as the need for introducing recommended models of teaching EFL writing in tertiary institutions. Other theoretical and professional contributions are addressed, and potential for further research is highlighted.
Exploring the instrumental and reactive violence dichotomy in the offences of violent psychopaths
Authors:   , Flynn Jane
Published: November 2021

In the literature acts of violence are often divided into two dichotomous subtypes: instrumental and reactive violence. The two types of violence are considered to be underpinned by different theoretical paradigms, social learning theory and frustration aggression. This division, although widely criticised and lacking conceptual clarity, appears to be generally accepted in scientific literature. This exploratory study used multidimensional scaling and cluster analysis to see how violence characteristics co-occur in the offences of seriously violent psychopathic offenders; and whether the co-occurrence of offence variables could be explained by the instrumental and reactive dichotomy. The study also explored whether instrumental and reactive violence characteristics differentiate primary and secondary variants of psychopathy, with the hypotheses that primary psychopaths would show more instrumental features in their violence and secondary psychopaths show more reactive features. Findings show that violence characteristics do no co-occur as a mutually exclusive dichotomy and that rather, many violent acts have mix of reactive and instrumental characteristics, reflecting a dimensional rather than a dichotomous structure. This in turn suggests that act specific theories may not be necessary to describe different types of violence. Contrary to prediction, psychopathic subtypes did not differ on violence characteristics.
Rethinking Māori academic development in New Zealand universities
Authors:   , Hall Meegan
Published: November 2021

Indigenous scholars have called for a rethinking of the cultural interface of Indigenous people within the academy. For Māori academics, their culture often has a significant impact on their work, career goals and academic development requirements, yet the academic development literature is largely silent on the needs of Māori academics. Thus, the views of Māori academics could be better reflected in the scholarship and practice of academic developers. This thesis explores the realities of Māori academic staff in New Zealand universities. It presents a literature review about the experiences and preferences of Māori and other Indigenous academics. It also shares three case studies involving seven participants from two different New Zealand universities. The interviews for the case studies were conducted in accordance with kaupapa Māori methodology and using interpretative phenomenological analysis. In addition, this thesis proposes an integrated framework for conceptualising and delivering culturally relevant academic development to Māori academics. Entitled Te Kōtuinga Mātauranga: A Māori Academic Development Framework, it highlights four dimensions that emerged from the case studies and literature as key to Māori academic development: tuakiritanga (identity), pūkengatanga (skills and knowledge), whanaungatanga (relationships) and tikanga (values and practices). It also reflects the holistic nature of Māori academic work and the demand for individual and collective academic development opportunities. The visual portrayal of the framework draws on the traditional Māori weaving style of tāniko. The woven motif serves as a metaphor for both the interconnectedness of the Māori academic development framework and the importance of understanding academic development from an Indigenous viewpoint. Ultimately, this thesis calls for a rethinking of how academic development can be theorised and delivered to centre the cultural aspirations, preferences and practices of Māori academics, and encourages academic developers to be more inclusive in their practice.
To Rest in Peace: a Proprietary Analysis of the Treatment of Human Bodies after Death
Authors:   , Woods Molly
Published: November 2021

This paper deals with the issue of recognising a property right in the human body after death. It advocates that such a right is appropriate given the need for family members to have increased control over the treatment of their loved one's remains. Thus a property right over human corpses is proposed, in favour of the next of kin, for the purposes of ensuring proper burial. This conclusion was reached after consideration of the recent New Zealand Supreme Court case Takamore v Clarke, the Gravatt family experience and Toi Moko. Themes present in this paper include the primacy of the wishes of the surviving over those of the dead and the significance of communal decision-making in matters concerning death and grief.
Vietnam in international institutions
Authors:   , Khong Thi Binh
Published: November 2021

This thesis investigates how socialization in three selected institutions, namely the Association of Southeast Asian Nations (ASEAN), the ASEAN Regional Forum (ARF) and the UN Security Council (UNSC) has led to pro-norm behaviour on the part of Vietnamese officials. This behavioural change was evidenced by their support for the creation of an ASEAN Human Rights Body, the adoption of Preventive Diplomacy Papers in the ARF and internalization of the Responsibility to Protect as an emerging norm at the Security Council. Empirical findings in the thesis show that socialization occurred across three case-studies, eliciting pro-norm behaviour on the part of state officials, though to varying degrees. These findings confirm the plausibility of socialization as a source of cooperative behaviour among state agents within social environments. In addition, they provide insights into the slow but increasingly active and substantive cooperation in political and security areas where Vietnam has historically been reluctant. The thesis concludes with a suggestion that socialization could be an extremely useful framework for investigating how far Vietnam might go beyond verbal support for new norms, given the country has recently embarked on a new phase of integration. Vietnam now attaches great importance to the implementation of international commitments that it has made, and considers this a guiding principle for the country‘s new integration strategy. Socialization processes could yield insights about the likely extent of norm internalization and compliance in this new period.
The Limits of Free Speech: Democratic Legitimacy in Canada and New Zealand
Authors:   , Winsley Alexander
Published: November 2021

This paper explores the balancing act between freedom of expression and hate speech. It takes its cue from a recent dialogue between Ronald Dworkin and Jeremy Waldron concerning democratic legitimacy. This dialogue forms the conceptual starting point for the paper, and a detailed analysis of democratic principles will follow. Robert Post’s participatory theory of democracy is critiqued, and his recent conversion to democratic relativism is analysed. The operation of hate speech laws in Canada and New Zealand will both be assessed in order to see how both of these countries treat the issue of democratic legitimacy.
A Truly No-Fault Approach to Treatment Injury Cover in Accident Compensation
Authors:   , Upperton Ruth
Published: November 2021

New Zealand’s accident compensation system is ‘no-fault’, meaning that New Zealanders are compensated for their injuries whether or not they can find someone to blame for their misfortune. However, until 2005, claimants injured while receiving medical treatment had to show either that their injuries were caused by negligence, or that their injuries were both rare and severe. The negligence standard was taken from tort law, and required the claimant to show that the injury was a registered health professional’s fault. This fault requirement created many of the problems that tort law had in the past: it was inefficient, arbitrary, and created a blaming culture that bred hostility between the Accident Compensation Corporation (ACC), the injured, and health professionals. In 2004, ACC published a review of the medical misadventure provisions, calling for them to be replaced by no-fault compensation provisions in line with the spirit and content of the rest of the accident compensation scheme. In 2005, medical misadventure became treatment injury, and both application and acceptance rates rose for claims concerning injuries received during medical treatment. However, the treatment injury provisions still contained fault elements, despite the legislature’s claim that the provisions were no-fault. In this paper, I will address the role of fault in a compensation scheme for those injured during medical treatment. First, I will define fault in its tort law context and outline some strengths and weaknesses of fault as a legal concept. Then, I will provide a short overview of New Zealand’s accident compensation scheme, the medical misadventure provisions, the push for reform, and the structure of the treatment injury provisions. This will give background to an in-depth discussion of the treatment injury provisions’ incorporation of fault standards. Also relevant to this discussion is the accident compensation scheme’s reporting mechanism, which potentially complicates ACC’s role as purely an injury compensating, preventing and rehabilitating body. Finally, it is necessary to consider whether compensation itself is inherently fault-based, an argument raised by some commentators. My conclusion is that some aspects of the treatment injury provisions still use fault to determine cover in some situations. The provisions give particular weight to the fault of the claimant in causing her own injury. This use of fault standards can be removed from the treatment injury provisions with some minor amendments, which are set out at the end of this paper.
Trade and Environment: A Mutually Supportive Interpretation of WTO Agreements in Light of Multilateral Environmental Agreements
Authors:   , Stuart Laura
Published: November 2021

This paper considers how the WTO can make better use of the principle of “mutual supportiveness” as an interpretative tool. It examines the success of the WTO in enhancing the relationship between trade and environment and between the WTO agreements and Multilateral Environmental Agreements (MEAs); compares the different interpretative approaches in the United States – Shrimp and EC –Biotech; and argues that a mutually supportive approach that allows consideration of MEAs that are not binding on WTO parties does not change the rights and obligations of WTO members.
Safe Deliveries?: a Review of New Zealand's Midwifery Regulation through the Lens of the Health and Disability Commissioner
Authors:   , Sweetman Claire
Published: November 2021

Although birth is a fundamental part of the life process, competing factions within the health profession struggle to agree on the best way to deliver maternity services. Despite this long-standing tension, the midwifery-led model has dominated New Zealand’s maternity system for more than two decades with the majority of consumers expressing satisfaction with the care provided. Unfortunately for a small number of mothers and babies the pregnancy and birth experience is not a positive one and families are left suffering life-long, and often tragic, consequences. As one of the main consumer watchdogs in New Zealand, the Health and Disability Commissioner is charged with investigating claims of poor quality healthcare. This paper examines the central themes in the Commissioner’s reports on substandard midwifery practice and proposes a number of regulatory solutions to the issues involved. Working in unison, these amendments have the potential to ease the pressure placed on midwives; enhance interprofessional relationships; improve practitioner competence; and increase overall compliance with the Code of Health and Disability Services Consumers’ Rights. By implementing these changes, the New Zealand Government could safeguard valuable midwifery-based principles whilst still ensuring that high quality maternity care is provided to all of the country’s mothers and babies.
Constitution-making: The round table model, popular participation & constituent assemblies
Authors:   , Buchanan Thomas Joseph Bailey
Published: November 2021

In this paper, I will argue that the round table model is the ideal constitution making process. This is primarily because it gives clarity to the respective powers of the institutions involved in the process, and may prevent a dominant group or individual from unilaterally imposing a constitution. In building my argument, I outline the theory of constituent power and its corollaries of unlimited constitution making power and popular participation. I endeavour to portray the shortcomings of the theory itself, and, the dangers of its practical manifestation. Following this, I introduce the round table model as a preferable alternative, both theoretically and practically. To buttress my argument, I examine the Bolivian, Venezuelan, Russian and South African constitution making episodes.
Genetic profiling: A legal framework to embrace the challenges
Authors:   , Curtis Helen
Published: November 2021

The current issues surrounding the use of genetic profiling technologies in New Zealand are analysed and compared with other jurisdictions, resulting in a number of key recommendations for the legal framework. An amendment to the Human Rights Act, review of the Health Information Privacy Code and an increased role for the Insurance and Savings Ombudsman are discussed in light of the developments in other jurisdictions. The implementation of a genetic database registration system and the development of policies to guide employers, insurers and health professionals on acceptable uses of genetic profile information are presented as recommendations to improve the current approaches. The establishment of an Advisory Body would ensure that safeguards against discrimination continue to be fair and effective, keeping pace with the rapid advancements in this field. The increased availability and the more acceptable costing are making the use of genetic profiling technology attractive. This is contributing further to the legal challenges, particularly when combined with the increasing range of applications for the data provided, in such diverse fields as the insurance industry, employment, personalised pharmaceuticals and the use of genetic databases. It is seen as essential that the legal framework promotes and supports the public in their access and use of genetic profiling technologies. These developments promise to be important and at the forefront of future heath care in New Zealand.
A viability analysis of sustainable by-catch fisheries under direct conservation measures
Authors:   , Sinclair Stewart David Namoori
Published: November 2021

Sustainability in fisheries is a complex concept and one that has attracted a rich history of research over time. The basic concerns of sustainability are how to reconcile ecological, economic and social requirements within the perspectives of intra- and inter-generational equity. Therefore, maintaining these requirements simultaneously is critical to achieving a perennial system and avoiding so-called “crisis” situations. It is contended that viability theory, which is a relatively new area of mathematics, rigorously captures the essence of sustainability. Using viability theory, this thesis develops two viability models based on different direct conservation measures (i.e. input and output controls) to examine the feasibility conditions under which a regulator can achieve sustainability in a fishery characterised by a “by-catch process”, whereby one species is targeted and another species is incidentally caught as by-catch. The first model considers a by-catch fishery where fishing input is controlled by a regulator. The second model considers two interrelated fisheries managed using a dual quantity-price system, which is based on New Zealand’s Quota Management System (QMS). For each model, the set of constraints representing the “good health” of the system are characterised using managerial priorities identified in the literature. Then, the viability kernel, which is the largest set of initial states for which there are controls that result in inter-temporal trajectories satisfying all the constraints, is approximated numerically. This is achieved by employing VIKAASA, which is a computer application capable of generating kernel approximations. The viability kernel provides the regulator with meaningful reference values and indicators for desirable or undesirable states of the fishery, which serve as important inputs into policy decisions. This study also shows the potential for viability theory to provide policy makers with a better insight of how to integrate ecosystem considerations into the QMS.
Generic Ownership Types for Java and the Collections Framework
Authors:   , Khalifa Ahmed Aziz
Published: November 2021

Generic programming has turned out very useful in the development of reusable software. With the Java programming language, genericity is not only meant for reusability, but also for type-safety. Java generics constrain a container object (e.g., list, hash table) to store objects of a pre-specified data type. Nevertheless, safe programming with aliasing (multiple pointers in a program may point to the same object) is still a concern in object-oriented programming language research. A pointing object can mutate the state of the aliased object, reflecting the changes to all of the other pointers (aka aliases) thus affecting their behaviour. As programs grow larger and more complex, such changes in behaviour can be undesirable and difficult to detect and reason about. With respect to container objects, the iterator pattern critically violates encapsulation, allowing aliases to the state (and thereof the components) of its container.  Object ownership is one of the well-researched paradigms in the area of alias management. Ownership types support hierarchical object encapsulation rather than the traditional class-level encapsulation. This thesis introduces an extension of Java 6 with support for ownership types as supplementary generic types. That is, Java generics are extended with the ability of carrying ownership information. This extension provides generic ownership support for all of Java; that is, all major language features are addressed so that programs can safely manage and express their aliasing properties. The resulting language is expressive enough to support common programming idioms, with little programming and runtime overhead. We evaluated the programmability of the language by refactoring a major (the most essential) portion of the Java Collections Framework. We also evaluated the performance impact of our refactoring by conducting a small micro-benchmark study to measure the performance time overhead the refactored collections may impose.
Managing to start: The application of lean startup and design thinking to academic commercialisation projects
Authors:   , Townend Oliver
Published: November 2021

This thesis examines the application of Lean Startup and Design Thinking processes to the commercialisation of academic research. Using retrospective analysis of project work undertaken by the “Hyv” team as part of the 2013 Masters of Advanced Technology Enterprise (MATE) programme, it is demonstrated that both Lean Startup and Design Thinking provide useful frameworks for research commercialisation by interdisciplinary academic teams. The Lean Startup provides a framework within which to test key assumptions about a project while building towards a sustainable business model. This proved particularly relevant as the team explored preconceived commercialisation paths for ongoing research projects. In contrast, Design Thinking provides a valuable means of achieving a complete understanding of a problem faced by a particular market, thereby informing the development of a viable solution. The applicability of these two conceptual frameworks to research ideation and commercialisation became evident in response to the requirements of projects analysed during the MATE course (specifically the NacreTech and Sound Concepts projects), and they together provide complementary theoretical bases for future work. Their application to different research projects provided the team with broad experience, both positive and negative, and yielded useful strategies for future commercialisation work. More directly, they provide a means of revising the MATE programme to foster interdisciplinary research commercialisation across the university.
Using Photographs and Human Body Diagrams as Visual Aids to Help Children Talk About Bodily Touch
Authors:   , Barton Rachel
Published: November 2021

The present study aimed to examine whether using two separate visual aids (Human Body Diagram vs. photograph of subject) for different purposes (to clarify/elaborate reported touches vs. elicit unreported touches) effected the accuracy and amount of touch-related information reported by children aged between 5 and 6 years. It was found that children reported more correct touches from the scripted event when they were interviewed using a photograph of their bodies. Contrary to expectations though, the amount and accuracy of touch-related information did not significantly differ between interviewing conditions. Additionally, all children reported the most accurate information prior to touch-inquiry before visual aids were introduced. In light of these findings, it is suggested that visual aids may not provide any more substantial benefits compared to verbal prompting alone. Given the risks associated with their use (i.e., leading to increases in reported errors) the present study endorses future research that seeks to develop more effective verbal interviewing techniques, which assist in the retrieval of more complete and accurate statements from children.
The New Zealand doctor's role in child sexual abuse intervention: A legal analysis
Authors:   , Dieckermann Elizabeth
Published: November 2021

This paper examines the New Zealand health professional’s role (with an emphasis on doctors) in several aspects of child sexual abuse intervention and treatment. Both current and proposed legal provisions are considered. After an explanation of their important role in this area, the current child protection framework insofar as it is relevant to health professionals is outlined. This is followed by an analysis of changes proposed in the Government’s White Paper for Vulnerable Children and Vulnerable Children Bill which will affect the landscape in which health professionals work. While there are benefits to proposed measures, some raise privacy and ethical concerns, or are inadequate to address the problem. The paper then addresses the legal requirements around the undertaking of medical examinations following a sexual abuse allegation, observing that the legislation raises questions around issues of consent, and making some suggestions for amendment. Finally, the general healthcare needs of adult survivors of abuse are considered.
"Friendly relations between the two races were soon established"?: Pākehā interactions with Māori in the planned settlements of Wellington, Nelson and New Plymouth, 1840-1860
Authors:   , Burke Rebecca
Published: November 2021

This thesis uses a micro-historic approach to explore the personal relationships between Māori and settlers in Wellington, Nelson and New Plymouth between 1840-1860 [prior to the Taranaki Wars] as they are presented in personal diaries and letters of early settlers of the New Zealand Company. The vast majority of the scholarship in the area of colonial history is based on ‘official records’, such as New Zealand Company material, as well as sources from the Government, the military, surveyors and newspapers. This research, however, focuses on private records to present the ‘lived experiences’ of the early settlers of the Wakefield settlements with Māori in the ‘contact zone’. As I will argue, settler and Māori in the case study towns did establish a positive space of interaction, a so called Middle Ground, which is characterised by trust, help, trade and exchange, mutual needs, language adoption and knowledge exchange, resulting in real accommodation of ‘the other’. However, this positive space decayed as a result of the shift of power to the settlers’ side in conjunction with increasing prominence of the so-called ‘land question’. This project uses the Hutt Wars in Wellington, the Wairau Incident of 1843 in Nelson and lastly the events in New Plymouth that led to the Taranaki Wars, to determine when and how the Middle Ground was weakened and eroded. Emerging conflict, inevitably, influenced positive personal relationships in the ‘contact zone’ between Māori and Pākehā, which broke down and quickly led to a negative perception of the tangata whenua that, in some areas, still profoundly influences perceptions today.  The Middle Ground, as a theoretical framework, was first developed by Richard White for the American Indians and their interaction with the French in the Great Lakes region, but has more recently been used by Vincent O’Malley to theorise the relationship between Pākehā and Māori in Northland prior to 1840. This research extends these findings in time and space and seeks to set Māori-Pākehā history in an international and intercultural context as an example of a possible common colonial experience. This thesis represents the only attempt to construct an overview and critical reflection of the shared experiences of settlers with Māori based on private records. This project is significant in the wider context of early New Zealand history as well as in the context of the Treaty of Waitangi and its impact on current race relations because it offers the possibility of seeing and interpreting Māori-Settler relations in a new, and perhaps far more positive light. We can determine whether Māori experiences are a general experience typical of colonised countries and whether the Middle Ground can be found in different forms in different times and places.
Who's bringing up baby: Developing a framework for the transfer of legal parenthood in surrogacy arrangements
Authors:   , Henderson Kate
Published: November 2021

Surrogacy arrangements defy traditional definitions of parenthood and pose challenges in determining who should be recognised as legal parents. This is exacerbated by the use of assisted reproductive techniques which allow for the separation of genetic, gestational and intentional parenthood, creating questions about the comparative value of these contributions. This paper identifies that New Zealand legislation dealing with parentage in surrogacy, primarily the Adoption Act 1955 and the Status of Children Act 1969, never contemplated surrogacy arrangements and requires strained interpretation to avoid perverse results. The paper critiques two proposals for reform: the Law Commission’s recommendations in the 2005 New Issues in Legal Parenthood Report, and the framework suggested in the Care of Children (Adoption and Surrogacy Law Reform) Amendment Bill. This paper concludes that the proposed Amendment Bill shows promise, however should incorporate the Law Commission’s 2005 recommendations to provide a truly comprehensive framework. This framework should focus on giving effect to the intentions of parties to a surrogacy arrangement, while ensuring the interests of the surrogate are protected and the arrangement is carried out in accordance with recognised ethical principles. It is additionally important that children have an opportunity to know their genetic and/or biological background.
But names will never hurt me: Extending hate speech legislation to protect gender and sexual minorities in New Zealand
Authors:   , Haggie Vanessa
Published: November 2021

Hate speech legislation involves a fundamental conflict with the right to freedom of expression. However, it is a conflict that can be justified in a constitutional framework in which free speech is not paramount and can be balanced against other rights and freedoms. This paper discusses the concept of “hate speech” legislation, the conflict between freedom of expression and hate speech censorship, and ways in which these seemingly-incompatible concepts might be harmonised. It considers, drawing on legislation and case law from other jurisdictions, and in light of the Marriage (Definition of Marriage) Amendment Act 2013, the possibility of extending such legislation to protect gender and sexual minorities in New Zealand, and suggests a potential framework for such legislative change. Any provision concerning hate speech must avoid overreaching into the realm of free expression. As a result, ‘hate speech’ should be clearly defined and narrowly focussed in scope, as words or matter which “exposes or tends to expose to hatred or contempt” the minority group at which the protection is aimed. In New Zealand’s constitutional/rights framework, this limitation on freedom of expression can be justified as reasonable and appropriate. While hate speech legislation does create a conflict with freedom of expression, to protect hate speech at the risk of perpetuating harm, discrimination, marginalisation and silencing is not appropriate. It sends the message that the voice of hate speakers is worth more than that of minorities, and undervalues the dignity and social assurance of those minority groups as valued members of society.
Evidence based medicine? Access to information & medicines regulation in New Zealand
Authors:   , Hill Amy
Published: November 2021

This paper explores one very important issue in the regulatory regime for medicines in New Zealand and around the world- the deficit of information about medicines available to doctors, patients and independent researchers. Much of the information about safety, efficacy and quality of drugs is held and controlled by pharmaceutical companies and regulators. The public is entitled to this information in full.
The law on psychoactive substances in New Zealand: The end of the regulatory game of cat and mouse
Authors:   , Holland Kathryn
Published: November 2021

This paper considers the recent global concern of psychoactive substance use alongside New Zealand’s corresponding endeavour to regulate such substances under the Psychoactive Substances Act 2013. It establishes that psychoactive substances pose a risk of harm to individual consumers and to society in general. In light of this risk, it considers whether such harm justifies state intervention, whereby the autonomy of individuals would be limited for the safety of those individuals and the benefit of society. The theories of legal and political philosophers, including Immanuel Kant and John Stuart Mill, are considered to determine the philosophical basis for such regulation. This paper finds that such state paternalism, as found in the Psychoactive Substances Act, is justified. Having concluded that the Misuse of Drugs Act 1975 was insufficient to minimise the risk of harm caused by such substances, it argues in favour of the regulatory scheme established under the Psychoactive Substances Act. It concludes that the Psychoactive Substances Act is a revolutionary and innovative measure that will successfully minimise the harm caused, to individuals and society in general, by such substances.
Fit for Purpose? An Examination of the Jurisdiction of the Health and Disability Commissioner in New Zealand
Authors:   , Holloway Adam Lothian
Published: November 2021

This paper examines the role of the Health and Disability Commissioner. It does so by first describing the Commissioner's origins and place in the overall regulatory landscape for doctors in New Zealand. Different frameworks are then described within which the Commissioner's purpose, practice and outcomes can be assessed. Applying these frameworks, an assessment is made of the Commissioner's jurisdiction. Finally, informed by the foregoing assessment, this paper examines the regulatory landscape from a broader perspective, making tentative proposals for reforms.
Investigating Extra-territorial Human Rights Violations in Conflict: A Principled Disharmony
Authors:   , Hunt Daniel
Published: November 2021

This paper discusses a sequence of litigation concerning attempts by Iraqi citizens to have the United Kingdom Government investigate their claims of ill-treatment and death by British soldiers during the six-year British occupation of Basra, Southern Iraq. This paper uses the litigation as a foil to examine broader issues arising from the extra-territorial application of the duty to effectively investigate rights violations under the European Convention on Human Rights, an unprecedented occurrence. Specifically, it compares the duty of effective investigation to comparative institutional responses to human rights violations in conflict. These mechanisms have developed a broader set of victim-oriented objectives in dealing with violations and this paper argues the duty of effective investigation is comparatively deficient. It then looks at the manner in which the domestic courts have applied the duty, arguing that the various factors have driven the High Court to adopt a limited model of investigation.
Consent or Caring? Issues of Autonomy and Paternalism in the Treatment of Anorexia Nervosa
Authors:   , Young Bridget
Published: November 2021

Denial is a characteristic feature of anorexia nervosa (AN) that may lead to treatment refusal. If an individual is refusing treatment autonomously, it should be accepted, while a lack of autonomy indicates paternalistic intervention may be justified. AN has the highest mortality rate of any mental disorder, so accepting refusal means accepting the risk of death, so should only be done with the certainty that it is autonomous. The current research is theoretical, reviewing the literature on ethical issues relating to autonomy and paternalism in AN in order to evaluate the evidence base for these assumptions. The aim is to develop a procedural model for establishing autonomy in those with AN. The result is the anorexia nervosa autonomous decision-making model (ANDMM), which provides guidance for responding to autonomous and non-autonomous treatment refusal.
Strengthening the psychiatric advance directive system in New Zealand: Allowing the mentally ill to help themselves
Authors:   , Liang Grace
Published: November 2021

Psychiatric advance directives (PADs) are an emerging method for adults with serious and persistent mental illness to manage their treatment by documenting treatment preferences in advance of periods of incapacity. However, the application of PADs has largely been neglected by the legal and psychiatric discourse in New Zealand. This paper presents some of the key purposes and unrealised benefits of PADs, and explains why New Zealand’s law and policy surrounding advance directives in the mental health arena is unclear compared to other jurisdictions. Though interviews conducted with New Zealand clinicians and consumer advocates, key practical and legal dilemmas around forming, monitoring, and enforcing PADs were extracted and dissected. Interviews elucidated that, while attitudes were generally positive attitude towards PADs in the mental health system, the lack of a focused PAD strategy stifled its promulgation where it could most benefit service users. This paper proposes that PADs should be promoted, and articulates a normative PAD strategy for New Zealand.
The new intrusion tort: The news media exposed?
Authors:   , McKenzie Thomas Levy
Published: November 2021

In C v Holland, Whata J recognised that the tort of intrusion upon seclusion formed part of New Zealand’s common law. The tort protects against intentional intrusions into a person’s private space. This decision potentially exposes the news media to tortious liability when it engages in intrusive newsgathering practices. However, Whata J’s decision provides little guidance as to how the tort should be applied in later cases. In order to ascertain the meaning of the tort’s formulation, this essay draws upon the methods used, both in New Zealand and internationally, to prevent the news media from breaching individual privacy rights. It then suggests that the courts should replace the formulation with a one-step reasonable expectation of privacy test. It also argues that the legitimate public concern defence should be better tailored to the intrusion context. Finally, it briefly assesses how the intrusion tort should interact with the tort in Hosking v Runting. Ultimately, it concludes that, in future, the courts should reflect more carefully on the precise wording of the intrusion tort’s formulation so that it best vindicates the interests that it was designed to protect.
Nuremberg: Procedural due process at the International Military Tribunal
Authors:   , McKeown Tessa
Published: November 2021

For over sixty years, lawyers and historians have discussed the credibility and repercussions of the Nuremberg Trial (1945–1946). This paper argues that the defendants’ procedural due process rights were partially protected at Nuremberg, although there were gross breaches of particular fundamental due process rights. The Nuremberg Trial at the International Military Tribunal was conducted by the four Allied Powers to try the upper echelon Nazi war criminals following the Second World War. The London Charter, drafted by the Allies, outlined the trial procedure to be adopted, and provided certain guarantees in attempt to secure a fair trial for the twenty-two defendants. This paper examines the history of fundamental due process rights (recognised in both continental Europe and common law jurisdictions) and analyses the extent to which these rights were breached at Nuremberg. This paper further argues that despite the defendants being afforded more rights than they could have expected given the circumstances, such breaches significantly compromised the integrity of the trial.
Towards plain packaging: New Zealand's way forward in the regulation of tobacco products
Authors:   , McLean Ella
Published: November 2021

The New Zealand Government has indicated its intention to legislate for the plain packaging of tobacco products. This paper considers what path New Zealand should take in implementing its own plain packaging regime. Consideration of New Zealand’s particular interests is necessary in determining what constitutes the most appropriate approach to plain packaging for New Zealand. Whether these interests would be best represented through a policy of alignment with Australia or by implementing an alternative approach to plain packaging should inform the way in which the New Zealand Government proceeds with plain packaging. This paper considers alignment with Australia to be the most effective way to address the public health concerns presented by tobacco products and recommends that plain packaging is implemented in alignment with Australia’s plain packaging regime. However, this paper also recognises that a policy of alignment gives rise to certain risks and seeks to demonstrate that there are ways in which these risks may be reduced. New Zealand should consider the implementation of certain measures to reduce the risk of investment arbitration as well as the possibility of variations on the basic position of alignment in order to reduce the risk of WTO claims against plain packaging.
Alesco and Mark Resources: Cross-Border Tax Arbitrage, Economic Reality, and Anti-Avoidance Rules in New Zealand and Canada
Authors:   , Miles Sarah
Published: November 2021

This essay compares the role given to the concept of economic reality in New Zealand and Canadian cross-border tax arbitrage decisions, particularly Alesco and Mark Resources. Alesco and Mark Resources both address the problem of drawing the line between acceptable tax mitigation and unacceptable avoidance, and adopt economic substance as a key indicator of where this line lies. This essay considers how the concept of economic reality pervades these cases and evaluates the influence of legislative and judicial context to the significance afforded to the concept of economic reality in the two decisions, as well as reviewing how the economic realities jurisprudence has evolved following these cases.
Mining and Corporate Social Responsibility in Zambia: A case study of Barrick Gold Mine
Authors:   , Mayondi Womba
Published: November 2021

Corporate social responsibility (CSR) has become a widely accepted non-core but essential part of profit making corporations. Practices vary in different companies and different countries. The motivation for each is different but nonetheless there is an agreed unwritten code about being good corporate citizens. CSR has become common place for companies in Zambia. Mining, telecommunications companies, banks and hotels practice CSR initiatives in different forms. Mining has been the biggest revenue earner for Zambia since the colonial era. Since the 1990s, CSR has been taken on by the mining companies in order to contribute to the community where they are situated. This research explores how CSR is perceived by local people, traditional leaders and district government officials from Ministry of Education in Solwezi. Solwezi is home to two of Zambia‟s largest mines namely Lumwana and Kansanshi mines owned by Barrick Gold and First Quantum Minerals respectively. These two mines have been established in the recent past in Solwezi and have become the hub of Zambia‟s economic activity and have been dubbed the „New Copperbelt‟. This thesis will look at Barrick Gold and the education projects that the mining company implements as a case study in CSR. The literature reveals that mining has been both helpful for economic growth yet detrimental socially and environmentally. There has been a disillusionment among people of the original Copperbelt who experienced cycles of boom when the copper prices and production are high and bust when the copper prices and production were low. In the New Copperbelt, Barrick Gold implements projects such as women‟s savings, education, health and agriculture. Many of the education and health projects involve infrastructure development. Even though this is the case, this thesis‟ findings indicate that the community who are the intended beneficiaries of the education projects perceive that more can be done in terms of education programmes over and above what Barrick Gold is currently doing. Accountability and transparency are also issues of concern for the officers at the Ministry of Education. This thesis explores how these interwoven connections work for and against access to education in the community level.