bluuebunny/crossref_metadata_2025 huggingface dataset:
TD-DFT: An Exploration of the Energies and Structures of Crystal Violet and a Variety of Cr(III) Complex Ions
Authors:   , Kleingeld Richard
Published: November 2021

Spectroscopy is the science of utilising light in order to divine information about a molecule or system of molecules. Specifically, the absorption, emission, and scattering of different wavelengths of light can provide data about bond strength, bond order, vibrational frequency, and excitation energy [1, 2]. As the wavelength and therefore energy of the incident photons can be set by the instrument, the exact energies of absorbance or emission of the molecule can be measured. This data can be gathered experimentally using specialised equipment however some molecules resist synthesis, and so a wealth of data about many theoretically possible species eludes us. We may also want to isolate the molecule in “empty space” whereas “gas phase” measurements are not always possible. This is one place where computational chemistry comes to the fore. Using an appropriate computational method such as density functional theory (DFT), data can be theoretically derived and calculated for many interesting areas of chemistry. DFT is a computational method based on the findings of Hohenberg and Kohn in 1964 that the ground state electronic energy of a system can be determined completely by the electron density [3-6]. This means that it has a considerably higher efficiency as a computational method compared to the wave function approach, where the number of variables increases exponentially as your system increases in size, as the electron density has the same number of variables regardless of the size of the system [7]. The use of an appropriate functional to map the electron density and the energy is one of the vital choices in utilising this method, but if chosen well can provide good results with a much lower computational cost than other methods, while still accounting for electron correlation effects [8]. It has become a very popular method due to its versatility and generally good accuracy with relatively low computational expense when compared to ab initio methods [9].
Proteomic analysis of Saccharomyces cerevisiae grown on glucose or glycerol
Authors:   , Hoang Hannah D.
Published: November 2021

The goal of this research was to use two-dimensional electrophoresis to examine changes in abundance of enzymes of the glycolytic pathway in the yeast Saccharomyces cerevisiae grown on carbon sources that support either fermentation to ethanol or oxidative metabolism. Large-scale profiling of protein abundances (expression proteomics) often detects changes in protein abundance between physiological states. Such changes in enzyme abundance are often interpreted as evidence of metabolic change although most textbooks emphasise control of enzyme activities not enzyme amount. Two-dimensional difference gel electrophoresis (2DDIGE) was therefore used to examine differences in protein abundance between S. cerevisiae strain BY4741 grown on either glucose (fermentation) or glycerol. Growth on 2% glucose, but not on glycerol, was accompanied by extensive production of ethanol. Doubling times for growth were 2 h 5 min in glucose and 9 h 41 min in glycerol. Conditions for extraction and two-dimensional electrophoresis of proteins were established. One hundred and seventy nine proteins were identified by MALDI mass spectrometry of tryptic digests of protein spots excised from Coomassie stained gels. All of the enzymes for conversion of glucose to ethanol, except for the second enzyme of glycolysis phosphoglucose isomerase, were identified using twodimensional electrophoresis of 100 μg of protein from cells grown on 2% glucose. Identification of proteins excised from the DIGE gels was more challenging, partly because of the lower amount of protein. Eight of the proteins that showed statistically significant differences in abundance (≥ 2-fold, p ≤ 0.01) between glucose and glycerol were identified by mass spectrometry of proteins excised from the 2DDIGE gels, and a further 18 varying proteins were matched to proteins identified from the Coomassie stained gels. Of these total 26 identified or matched proteins, subunits of five of the enzymes for conversion of glucose to ethanol were more abundant from the fermentative cells grown on glucose. The more abundant glycolytic enzymes were phosphofructokinase 2, fructose-1,6-bisphosphate aldolase, triosephosphate isomerase and enolase, plus pyruvate decarboxylase that was required for conversion of the glycolytic product pyruvate to acetaldehyde. The alcohol dehydrogenases Adh1 and Adh4 that convert acetaldehyde to ethanol were detected but did not vary significantly between growth on glucose or glycerol. The results confirmed that in this case changes in abundance of some enzymes were consistent with the altered metabolic output. Future studies should examine whether changes in the abundance and activity of these enzymes are responsible for the differences in metabolism.
The Interiority of Sleep & Power
Authors:   , Walbran Chloe Deanne
Published: November 2021

This thesis explores interior immensity through the framework that targets the human being’s most inner self: the time human beings spend sleeping. The in-between state of sleep is left overlooked in architecture and leaves room for novel exploration. While spending time in a semi-conscious state, we can delve into the realms of the unknown. The primary goal is to challenge the conventional interior space of backpackers in New Zealand by inhabiting the beautiful ugliness of an industrial site. The boundary between the individual and mechanical piece of architecture is explored through a whimsical intimacy. A hydroelectric power station is the chosen apparatus. The power station allows a duality between operation and narration, between thematic qualities and program. The abnormalities hype the super-imagination of the client, somewhat like experiencing a dream state, the most active and often fantastic aspect within the threshold of consciousness.The thesis is grounded in three sections. I firstly explore the pragmatic site anomalies, the thematic qualities and their opportunities. I then move into conceptual exploration of the interior imagination while concluding with a fully functioning yet evocative design of sleep narration. The components of this thesis are largely visual.
Defining a right of reply: An examination of the Law Commission's proposals to use a right of reply to regulate online conduct
Authors:   , Stove Katharine
Published: November 2021

This paper examines the Law Commission’s proposals to use a right of reply as a remedy within a new regime to combat harmful digital communications on the Internet in its Ministerial Briefing Paper, Harmful Digital Communications: The Adequacy of Current Sanctions and Remedies. It seeks to determine whether a right of reply is a suitable tool to use in an online context against ordinary citizens, when it has typically been an offline remedy for use against the media. It also considers the best form for a right of reply under this new regulatory regime, in order for it to constitute a proportional limit on a defendant’s right to freedom of expression. It concludes that a right of reply could be a suitable remedy under the regime, and it could constitute a proportional limit on a defendant’s freedom of expression, but a Court should carefully balance the harms a right of reply might pose against the values of free speech implicated in each circumstance, on a case-by-case basis, in order to ensure the limitations a right of reply might pose on freedom of expression are always proportional and justified.
New Zealand’s recent experiences with Military Activity Camps under the new youth justice system
Authors:   , Schenk Isabella Kristina
Published: November 2021

This research paper discusses the recent New Zealand experience of Military Activity Camps (MACs) through the implementation of the Children, Young Persons, and Their Families (Youth Courts Jurisdictions and Orders) Amendment Act 2010. The paper will address the fundamental principles of the youth justice system under the Children, Young Persons, and Their Families Act 1989 and how the Amendment Act 2010 has created new possibilities of dealing with New Zealand’s most persistent group of young offenders. It will furthermore address the historic background of boot camps and aims to analyse how effective the introduction of MACs has been so far. Finally it will look at what alternative measures may exist in order to fight youth offending and recidivism.
Judicial Review of Legislation in the UK: Fundamental Common Law Principles as "Constitutional Principles" Limiting the Sovereignty of Parliament?
Authors:   , Sangmeister Bernadette
Published: November 2021

The aim of this paper is to explore the role of judicial review of legislation in the UK from a legal constitutionalist’s point of view. After having introduced the reader to the origins of judicial review of legislation in general and the two theoretical models of constitutionalism, the UK’s system of constitutionalism will be analysed in particular. In this context, the process of “juridification” and “judicalisation” will be discussed in order to show that the British doctrine of Parliamentary sovereignty - famously articulated by Dicey in 1885 - is currently under attack. The main focus of this research paper is on the theory of common law constitutionalism (CLC theory), according to which the common law is seen as constituting a higher order of law, a moral ideal and a superior form of public reason, and therefore the ultimate controlling factor of Parliament’s actions. On the basis of the academic theory, the judicial reception of this theory will be analysed with particular attention to the House of Lords’ decision in Jackson in 2005. It will be argued that the system of the common law constitutionalism in the UK is not very different from the system of legal constitutionalism: Firstly, fundamental principles embedded in the common law like the rule of law are similar to constitutional principles of codified supreme constitutions, providing for benchmarks of judicial review of legislation. Secondly, the requirement of exceptional circumstances for invalidating legislation in the CLC system corresponds to the idea of (strong) judicial self-restraint in legal constitutionalist systems.
Mandatory pre-enactment review of legislation; or should only one government branch be responsible for the protection of rights in the United States?
Authors:   , Saroz Ayla
Published: November 2021

This paper focuses on pre-enactment review of legislation as a constitutional tool for the protection of recognised rights. The paper first makes the distinction between strong- and weak-form judicial review, in order to analyse how pre-enactment review can be practiced within each constitutional model. Two countries are first looked at to illustrate the two models: the United States for strong-form review, and New Zealand for weak-form review. The absence of any formal pre-enactment review in the United States is noted, and evaluated through a more in-depth assessment of congressional practice. This observation leads to the main proposal of the paper: that pre-enactment review should be made mandatory in the United States. A comparative assessment is then made in order to discuss the proposal. The relevant constitutional practices in Australia, Canada and Japan are outlined. These comparative assessments are used to further delineate the appropriate form that mandatory pre-enactment review of legislation could take in the United States.
Deportation on the Basis of Diplomatic Assurances : Permissible under the European Convention on Human Rights? : a Critical Analysis of the Judgment of the ECtHR in Abu Qatada v the United Kingdom (2012) and Its Impact on the Jurisprudence of the ECtHR
Authors:   , Sangmeister Bernadette
Published: November 2021

Inspired by the recently concluded litigation seeking to deport the radical Islamic preacher Abu Qatada from the UK to Jordan, this paper aims at examining the 2012 judgment of the ECtHR by focusing on the question under which circumstances a deportation with diplomatic assurances (DWA) may be permissible under the European Convention on Human Rights. Relevant background information will be provided concerning the interplay of the use of the DWA policy and the European Convention on Human Rights as well as concerning the particular circumstances that led to the ECtHR’s ruling in Abu Qatada. In the following analysis of the judgment, the focus will be on the interplay of the DWA policy and the European Convention on Human Rights with special regard to art 3 and art 6 of the Convention. Finally, the impact of this judgment on the future jurisprudence and the DWA policy will be shown. In the light of this judgment, it will be argued that the counter terrorism means of deporting a non-national terrorist suspect with diplomatic assurances seems to be compatible with the Convention if the diplomatic assurances given guarantee a sufficient protection of the human rights of the transferee, which due to the uncertain effects of the DWA policy, still has to be decided on a case-by-case basis.
Wellington Botanic Garden
Authors:   , Hill Marguerite
Published: November 2021

The purpose of this Heritage Inventory is to identify, research and assess heritage features in the Wellington Botanic Garden and surrounding area. The resulting heritage inventory will be made available to the Wellington City Council to help with the future management of the heritage features within the Botanic Garden. The inventory could also be used by the New Zealand Historic Places Trust as a background for a possible proposal to register the Botanic Garden, or the buildings, features or spaces within it, as an historic area or historic place/s.
And did those hooves: Pan and the Edwardians
Authors:   , Toland Eleanor
Published: November 2021

A surprisingly high number of the novels, short stories and plays produced in Britain during the Edwardian era (defined in the terms of this thesis as the period of time between 1900 and the beginning of World War One) use the Grecian deity Pan, god of shepherds, as a literary motif. Writers as diverse as Somerset Maugham, E.M. Forster, Frances Hodgson Burnett and G.K. Chesterton made Pan a fictional character or alluded to the god of shepherds in more subtle ways. The mystery of why the Edwardians used an ancient Greek god as a symbol requires a profound interrogation of the early twentieth century British soul. The Edwardian era was a narrow corridor of time between the Victorian age and the birth of modernism with the First World War, a period characterised by vast social and political transition, as a generation began to comprehend change they equally feared and desired. Pan was an equivocal figure: easily portrayed as satanic due to his horns and goatish nature, but as the kindly god of shepherds, also a Christ-like figure. Such ambiguity made Pan an ideal symbol for an age unsure of itself and its future. Writers like Maugham and Machen, afraid of social and sexual revolution, portrayed Pan as diabolical, a tempter and a rapist. E.M. Forster, a homosexual man hopeful about the possibility of change, made Pan a terrifying but ultimately liberating figure for those ready to accept the freedom he represented. Kenneth Grahame, desiring the return of a Luddite, Arcadian past that had never truly existed, wrote of Pan as Jesus on the riverbank, sheltering the lost and giving mystic visions to the worthy. Pan represented a simultaneous craving in the Edwardians to flee to the past and to embrace the future, an idealism of the primitive coupled with hope for the future. What he also symbolized was anxiety about the future and the desire to not return to the horrors of the past, fears of the primitive suggested in the nightmarish atavism of Saki’s “The Music on the Hill” and the fears of what society might become expressed in Forster’s “The Machine Stops”. The Edwardian Pan eventually reached its culmination in J.M. Barrie’s twentieth-century fairy tale Peter Pan, in which the eponymous character, seeming at first so different from the ancient Greek mythological figure, became an embodiment of everything the Edwardian Pan phenomenon represented. With the nightmarish yet fascinating figure of Peter Pan, the Edwardians had created a new Pan, reborn for their age. With the beginning of World War One, the Pan figure would begin to fade into insignificance, with only one major work later published which could justifiably be called part of the phenomenon; Lord Dunsany’s The Blessing of Pan, a fitting elegy for the Edwardian Age.
National ideals or national interest: New Zealand and South Africa, 1981-1994
Authors:   , Peacock Lauren
Published: November 2021

“National ideals or National Interest?” examines the making and implementation by successive New Zealand governments of policy toward apartheid South Africa from 1981 to 1994. Its main focus is the contradictory relationship between living up to New Zealand’s ideals against doing what was practicable in the context of the time. The dilemma the apartheid state faced, in trying to solve its internal problems while not imperilling its external security was often not appreciated by the New Zealand government. These misconceptions helped shape New Zealand policy. Ironically once the South African regime began to investigate the possibilities of some sort of political transformation, their New Zealand counterparts were less willing to empathise with the risks involved with such an undertaking than they had been in the 1960s and 1970s. “National Ideals’ also examines the role of civil society and what was often a parallel unofficial foreign policy based around these person -to - person contacts, including the problems posed for the government by the need to persuade groups such as the NZRFU to follow government policy without overstepping what were strongly entrenched principles of individual freedom. The conflicts within the two main political parties of New Zealand were also important in shaping policy, as was the adversarial relationship between the major parties. “National Ideals” concluded that more often than not interests came first and indeed that at times policy decisions often to the product of accident and intrigue.
Panning for gold: An annotated bibliography of treasures in Auckland Libraries’ special collections of children’s literature from 1880-1889
Authors:   , Caygill Laura
Published: November 2021

The catalogue entries for much of the items housed within Auckland Libraries special collections of children’s literature contain many gaps and limitations. In order to illustrate these limitations this project has focused on the collection’s holdings of items dated from 1880-1889. As the collections are arranged in date order I was able to examine the selection of items in a systematic fashion with the help of special collections staff, working through the items as they appeared on the shelf, annotating each item and noting discrepancies with and gaps in the catalogued information as I went. It is hoped that this project will not only assist library staff in updating the records for the items contained herein, and act as a guide to researchers wishing to learn about and access the collection, but also highlight issues of access to and cataloguing of rare books for the profession. Addressing the issues of subject headings, publication dates, and call numbers, as well as the cataloguing issues across the wider collections would of course require further work, but would be of great benefit to the library, its staff, and its patrons.
Exhibition Development in Auckland Libraries
Authors:   , Greenslade Timothy Mark
Published: November 2021

Throughout New Zealand’s public library sector, librarians, particularly those responsible for special collections, maintain and create exhibitions. They aim to reflect the depth and richness of our history, cultural heritage and society. Due to the immeasurable value of cultural heritage, it needs to be presented effectively, not only for aesthetic and preservation purposes, but also for the betterment of society. Therefore the objective of this study is to explore how exhibition principles are being applied to exhibition development and presentation in Auckland Libraries. This study will not only focus on the principles behind physical layout of the exhibitions, and selection of objects on display, it will also attempt to place exhibition design into a wider context. It will do this by exploring how library exhibitions reflect public policy, and how exhibition designers perceive their social and cultural responsibilities as representatives of public libraries. Herein lies the value of the proposed study; it will allow better informed practices by exploring the use of exhibition design principles, and the application of public policy in public.
We've deposited our archives, now we need access; A Comparative Study of national archives policy in Australia and New Zealand
Authors:   , Pincott Vivienne
Published: November 2021

Preserving the memory of a nation for current and future generations is the core business of an archive. Archives must be deposited with an archive to bring about continuation of this memory. Fundamental to making this archival memory useful is provision of access to the deposited archives. Providing access to archives can also mean that at times the archives are required to be outgoing from an archive. Government and State Legislation in Australia and in New Zealand provides for the continued growth of their respective nation's memory, by requiring government agencies to deposit their archives into the national archives. Archival policy, in turn, supports the ability of these agencies to borrow back their archives on a temporary loan basis. This temporary loan service in New Zealand is called the Government Loans Service (GLS), while in Australia this service is referred to generically as Accessing records and more specifically as Access to records in your agency and Access to other agencies' records. While committed to the same goal of the preservation of their respective nation's memory, no two archival institutions are the same in how they carry this out or in their policies. This research will compare similarities and differences in of the temporary loan service policies of New Zealand's national archive, Archives New Zealand, and in Australia's national and state archive, National Archive of Australia.
Capture, Create, Manage: The experiences of New Zealand government departments in meeting the requirements of the Electronic Recordkeeping Metadata standard
Authors:   , Snow Annabel Dorothy Tupou
Published: November 2021

Research problem: One of the key challenges for electronic recordkeeping is the creation, capture and ongoing management of metadata. The Electronic Recordkeeping Metadata Standard establishes minimum requirements for the New Zealand public sector in accordance with the Public Records Act 2005. This research examines how the recordkeeping systems used by government departments meet the requirements of the metadata standard and what factors influence compliance. Research methodology: This qualitative research surveyed all twenty-nine public sector agencies classified as government departments in the State Sector Act 1988. This was followed up with interviews with seven participants from six departments. Results: This paper found that departments are harnessing the capability of their systems to create, maintain and manage metadata with the resources available. Interviewees showed they look for opportunities to influence the design of new systems and to enhance functionality. Technological factors greatly impact on the extent to which a department can meet the requirements of the standard. A focus on business processes and user needs has resulted in purposeful departures from the standard and a move beyond recordkeeping metadata. Implications: The development of innovative tools and practices by departments has the potential to meet the business/user needs of the organisation and comply with the requirements of the standard. Suggestions have been made as to how the standard could better serve departments dealing with these multiple priorities and technological factors.
Comparing styles of parent-child conversation: The influence on children's conduct problems and emotion knowledge
Authors:   , Drummond William
Published: November 2021

This preliminary study conducted across Canberra and Wellington was the first to compare the effectiveness of two styles of maternal-reminiscing as an adjunct to Parent Management Training (PMT) for mothers of children ranging from four to eight-years-old (M = 63.1, SD = 14.4 months) with conduct problems. This was a manualised six session intervention. Parents in both conditions received PMT. Parents were asked to reminisce with their child about shared events using their allocated style of maternal reminiscing. The W-D-E condition drew on research by Van Bergen, Salmon, Dadds, and Allen (2009) which encouraged mothers to use 'wh' questions and detailed descriptive information about the even. The R-U-S style extended on the research by Ensor and Hughes (2008) in which mothers were encouraged to be responsive and allow their child to lead the conversation. Both conditions placed a direct focus on discussing emotion, including labels, behaviours, causes and consequences of emotion. As expected, both condition showed a significant decrease in conduct problem severity and a significant increase in aspects of children‟s emotion knowledge between pre- and immediately post-intervention. However, there were no significant differences between conditions with respect to children‟s conduct problems severity and emotion knowledge. Given that the literature supports a link between deficits in emotion knowledge and children‟s conduct problems, and that parental discussion of emotion supports children‟s developing socioemotional development, the current preliminary study extends on the work by Salmon, Dadds, Allen, and Hawes (2009) in which efforts are being made to integrate emotion components with PMT.
Mechanisms of mindfulness: Evaluating theories and proposing a model
Authors:   , White Naomi
Published: November 2021

Clinical interest in mindfulness theories and interventions for the treatment of psychological problems such as anxiety and mood disorders has increased dramatically over the last decade. Alongside this interest relatively little attention has been paid to the hypothesised mechanisms of mindfulness that result in a mindfulness state; practice has outstripped the development of a coherent model of the mechanisms. The Decontextualising Model of Mindfulness (DMM) is proposed here to address this gap. The DMM suggests that mindfulness techniques operate to decontextualise mental events from their web of hierarchically organised levels of abstraction and associated meaning, which opens up the cognitive “space” to introduce more adaptive strategies. The DMM is evaluated in terms of its ability to explain existing theories, cognitive-behaviour therapy, and accepted mechanisms of change in psychotherapy. The DMM aims to stimulate deeper understanding of how mindfulness works so that (1) Mindfulness-Based Interventions (MBIs) are more equipped to induce mindfulness states; (2) the origins of psychopathology may be better understood and therefore more effectively treated; and (3) the causes of psychological well-being may be made more clear and therefore more readily enhanced. The research and theoretical literature as well as the current investigation indicate that in particular self-identity and self-compassion are two areas that warrant further investigation.
Acquired brain injury and serious criminal offenders: An argument to expand the court's therapeutic jurisdiction
Authors:   , Jackson Louisa
Published: November 2021

Brain injury is a debilitating mental impairment. It can cause aggression, impulsivity, and other socially challenging behaviours, including criminal offending. This is largely a consequence of damage to the frontal lobes, the part of the brain that facilitates selfregulation and emotional control. Remedying this requires specialist rehabilitation, preferably in dedicated facilities. However, rather than being in such facilities, a disproportionate number of brain injured New Zealanders are in prison, often for violent or sexual offences. By contrast, other mentally impaired offenders, such as the intellectually disabled and mentally ill, are not kept in prison but instead transferred to the health jurisdiction to receive treatment or care. This raises a question as to why brain injured offenders do not receive the same therapeutic response by our criminal justice system. This paper explores that question by examining the current legislative framework for diverting mentally impaired offenders into healthcare through therapeutic dispositions on sentencing. It demonstrates the inadequacy of this framework for violent or sexual offenders with brain injury by showing how the gateway definitions of “intellectual disability” and “mental disorder” exclude that condition. It then explores the appropriateness of imprisoning serious offenders with brain injury by examining whether their detention breaches the state’s statutory obligations, and argues that the status quo violates both the Corrections Act 2004 and the New Zealand Bill of Rights Act 1990. Finally, in recognition of the current exclusion of brain injured offenders from therapeutic dispositions, and the potential illegality of their detention in prison, this paper argues for an expansion of the court’s therapeutic jurisdiction and examines mechanisms to achieve this.
Joining the Aotearoa New Zealand Constitutional Debate: Constitutional Environmental Rights in our Future ‘Constitution’
Authors:   , Li BoHao
Published: November 2021

In 2013, the Constitutional Advisory Panel invited New Zealanders to think about our vision of what New Zealand should look like in the future and to consider how our constitutional arrangements would support that vision. In response, New Zealanders have suggested the inclusion of an environmental protection regime in our future constitutional landscape. The author supports this prevailing opinion. This paper will use the experiences gained from international and regional human rights and environmental law treaties and other countries’ constitutions to explore the best model to achieve that goal. This comparative law analysis will identify the key theoretical and legal issues that must be addressed by Parliament to ensure the successful implementation and enforcement of an environmental protection regime through the courts. While international developments are important, any environmental constitutional framework must reflect New Zealand’s unique and distinctive history, environment, people, and cultural values. With this in mind, this paper will tentatively canvass a new environmental constitutional framework and lay foundations for further legal research and public debate.
Investigating the heterogeneity of violent crimes: A descriptive analysis of offence characteristics
Authors:   , Leigh Emma
Published: November 2021

Informed by theories on offending behaviour, violent offender rehabilitation programmes aim to provide treatment to a group of individuals who have committed a diverse range of offences, from assault to aggravated robbery to murder. Yet despite progress with specific offence types (e.g., homicide, robbery, assault), there is no research describing the offence chain characteristics of such a heterogeneous sample of violent offences. This exploratory study uses the structured approach of the Pathways Model of Assault (PMA; Chambers, 2006) to code and catalogue similarities and differences in the offence characteristics of an archival heterogeneous sample of violent offences. Cluster analysis was also utilised to investigate whether it was possible to construct a parsimonious series of pathways to represent the offence process for this diverse sample. The resultant model, the Pathways Model of Violent Offences (PMVO) was constructed and 12 pathways were revealed. The results suggest that upon initial investigation, there appear to be common, shared characteristics among a heterogeneous sample of violent offences.
Third State Intervention before the International Court of Justice in International Environmental Law Cases
Authors:   , Liebelt Franziska
Published: November 2021

Third state intervention before international institutions originated in international arbitration around 1875 and has been included in the statute of the International Court since the foundation of the Permanent Court of International Justice (PCIJ) and is therefore no new phenomenon. Today, most systems of international dispute settlement provide for the possibility of third state intervention. Nevertheless intervention before the International Court of Justice (ICJ) has been used by states sparsely and seems underdeveloped. The statute of the ICJ provides for two ways of intervention in its arts 62 and 63. There have been few applications under these provisions. Looking at the court’s orders in these few cases, the court seems to have adopted a restrictive approach towards allowing applications to intervene. This paper looks at the institution of intervention in the area of international environmental law disputes. There have been two relevant disputes of this kind before the ICJ: the Nuclear Tests litigation and the recent litigation of Whaling in the Antarctic. Both of these cases dealt with the question of state obligations towards the protection of the environment. The applications to intervene in Nuclear Tests failed for reasons that will be explained in more detail below. New Zealand’s application to intervene in Whaling in the Antarctic was authorized by the ICJ on the 6 February 2013 under art 63 of the Statute of the ICJ. The case is exceptional in that it is only the second time the ICJ allowed intervention under art 63. Both cases demonstrate that there are environmental issues that concern more than only the nations that are parties to the dispute. They indicate that intervention plays a particularly strong role in environmental issues because these issues by their nature often affect more than just two states. This paper analyses how the shared environmental concern of the international community might lead to an extension of intervention before the ICJ. It further more looks at the issues that arose before the court in connection with the intervention in Whaling in the Antarctic and how these issues were dealt with.
Security v Privacy in the Context of Surveillance Measures – Creating “Glass Citizens”
Authors:   , Liebelt Franziska
Published: November 2021

During the last decades states have internationally increased their surveillance measures. Surveillance has become increasingly systematic and integrated in our everyday life. This development was intensified by several terror attacks, specifically the event of 9/11. Surveillance by the state always comes along with the intrusion of privacy rights of individuals. Both privacy and security are essential for a functioning society. To find the right balance between the two interests and to uphold the protection of privacy rights when the threat of terror seems to justify increasingly intrusive measures is difficult but of great importance. This paper looks at two examples of legislations that increased states possibilities for surveillance and how the balance between security and privacy was struck in those legislations. It compares the degree of protection given to privacy rights in a state with a codified constitution, Germany, and in a state with no codified constitution, New Zealand.
Public nudity and the right to freedom of expression: Balancing competing interests
Authors:   , Lincoln Laura Mary
Published: November 2021

With little case law concerning nudity and the right to freedom of expression, this paper aims to uncover the appropriate frameworks to be used to determine the following questions: (a) when is public nudity “expression” for the purposes of s 14 of the New Zealand Bill of Rights Act 1990, and (b) in what circumstances involving “expressive” public nudity would it be reasonable and demonstrably justifiable to limit the right to freedom of expression using s 4(1)(a), as per s 5 of the Bill of Rights Act? As regards the first of these questions, this paper critiques the current test in use in New Zealand for determining whether conduct is expression – the test developed by the Canadian Supreme Court in Irwin Toy Ltd v Attorney-general (Quebec) – and advocates for the adoption of a purposive approach to determining the scope of the right to freedom of expression. As for the second of these questions, this paper advocates for the adoption of “the modified Hansen sequence” proposed by Professor Claudia Geiringer. This paper then uses recent examples of public nudity involving naturists and protestors to test these frameworks and to illustrate how they would operate in practice.
Genes, beats and traits: A multi-marker exploration of personality
Authors:   , Lee Anna Sian
Published: November 2021

This research explores associations between genetic polymorphisms in dopamine and serotonin systems (DAT1, DRD4 and 5HTTLPR polymorphisms), physiological and environmental variables and multiple personality traits. 113 participants were genotyped, participated in a stressful cross-cultural negotiation exercise and completed personality scales while wearing heart-rate monitors. Heart-rate variability and stressful life events were associated with conscientiousness and neuroticism traits. Contradicting previous research, no reliable gene x stressful life event interactions were found. Gender and ethnicity masked genetic effects on neurotic and sensation-seeking traits, particularly for DAT1 and 5HTTLPR. The DRD4-7R allele was associated with higher agreeableness and lower neuroticism, and contrary to prediction, with lower sensation-seeking. Gene-trait relations are complex, interactionist and multiply-determined, suggesting that personality variation is influenced by – but not reducible to – genetic variation.
Protection of privacy in Malaysia: A law for the future
Authors:   , Yusoff Zuryati Mohamed
Published: November 2021

In Malaysia, the rights and liberties of the individual are recognised in the Federal Constitution of Malaysia. However, the right to privacy does not have the express constitutional recognition enjoyed by other rights such as the right to life and liberty and freedom of expression. This thesis identifies gaps in the protection of privacy interests in the current legal framework. There is no self-standing law on privacy in Malaysia, though there are several laws which provide limited rights to privacy such as the laws on data protection and criminal law. The existing laws are inadequate to protect private information and to protect against the intrusion of privacy. The importation of foreign principles through the reception of English Common Law offers only limited protection. Malaysia should, therefore, have a specific law to protect privacy. With a view to attaining that goal for Malaysia, this thesis undertakes a comparative analysis of two different experiences of the development of the law of privacy. They are the privacy law in England, which is largely based on the law of breach of confidence, and the privacy law in New Zealand, which has a distinct privacy tort recognised in its case law. The conclusion is that those countries’ experience can inform developments in Malaysia, and that the best way for Malaysia to develop its law now is by the enactment of a specific Privacy Act.
NZ school librarians, technology leaders?
Authors:   , Clephane Susan
Published: November 2021

The purpose of this qualitative research study is to examine what role and views New Zealand school librarians currently have within their schools as technology leaders. At a time of technological developments in education, with both access to and implementation of ICT within school curriculums, what aids and hinders school librarian’s position as a technology manager? A variety of Auckland secondary schools were approached requesting a 30-60 minute interview with one of their librarians. Of the ones that agreed eight semi-structured interviews took place. The librarians were asked 14 open ended questions, some which were investigated further when necessary, and their answers were recorded, transcribed and results were drawn from their information. My results found that the majority of librarians felt well supported by their colleagues. Each school, had its own distinct hierarchy that effected the way librarians conducted their jobs and the place they had. Most librarians felt that their role was not meant to be a “technology leader” per-say, but rather someone that would incorporate it within the library to make the library a useful resource. Some schools had specific positions for their librarians to partake in technology leadership. This made the library more of an ICT focus for the school. Overall the librarians all had a variety of experiences, mostly stemming from the hierarchical dynamics within the schools and their own education in the library field. The implication for schools and their librarians, from this research may aid in considering the hierarchical set up their school currently has, how librarians view their role and what is a ‘norm’ versus alternative ideas. I think the discovery also reveals the various attitudes towards technology. This research may also increase awareness of the possible roles for school librarians in the future.
The involvement of records managers in cloud computing decisions: A cross-sectional study of New Zealand records managers
Authors:   , Duis Emily
Published: November 2021

Research problem: Cloud computing has become an important topic in many organisations, due to the benefits it can provide to businesses and their operations. This increased interest in cloud computing is also reflected in the records management profession. However, records managers using cloud computing need to be aware of many factors that could negatively affect control of their records, and be able to manage these potential implications. This study aims to discover the level of involvement that records managers have in decision-making relating to cloud computing, and also to determine how informed records managers are about the implications of cloud computing. Methodology: The research design used was a cross-sectional study, with an online web survey being distributed to members of the NZRecords mailing list (an e-mail list for the New Zealand recordkeeping community). Results: The results of this study highlight that records managers have low levels of involvement in cloud computing decision-making, and mostly do not believe that their opinions will influence decisions about cloud computing in their organisations. The findings of the survey reveal awareness of the potential implications of cloud computing is high, although more resources and training should be made available to these records managers, especially in the area of portability and interoperability of records in the cloud. Implications: Requests are made for additional training resources to be made available. Suggestions are made for further research into the factors affecting records managers’ involvement in cloud computing decisions.
Aesthetics, Accessibility and User-centered design: An analysis of the University of Otago Library Special Collections online exhibitions 2002-2013
Authors:   , Black Monique Aimee
Published: November 2021

Research Problem: This study analyses 42 online exhibitions which are currently available on the University of Otago Library Special Collections web page. The research integrates aesthetics, accessibility and user-centered design and focusses on each exhibitions functionality and appeal within these parameters. Methodology: The intention of this research is to compare and contrast 42 online exhibitions up until November 2013, with additional in-depth analysis of ten selected online exhibitions. Tools used were an LG wide-screen monitor and PC, and exhibitions were accessed via the Mozilla Firefox web browser 24.2.0. Results: Three clear issues with the exhibitions design were identified: 1) in the majority of exhibitions, the size of the type used was smaller than recommended accessibility guidelines, and fluctuated over time; 2) labelling rather than numbering cabinets in an index created improved usability; 3) overall aesthetics and functionality within the exhibitions improved over time, reflecting available technology. Implications: The 42 online exhibitions analysed provide insight into how available technology has improved the aesthetic appearance of the exhibitions and their functionality since 2002. The latter exhibitions contain far more images, varied and appealing page design, and an unobtrusive provision of further information on the cabinet artefacts. Usability and accessibility could be enhanced by consistent 12 point type within the main body and cabinets of the exhibitions, in addition to consistent labelling of cabinets which provides the patron a better understanding of the whole exhibitions theme, and the cabinets, wall and vitrines without too much ‘clicking’. Areas for future research into accessibility and patron inclusivity in online exhibitions for libraries are highlighted.
Non-disclosure of information in the prosecution of preventive detention regimes
Authors:   , Mai Ha Phuong
Published: November 2021

Preventive detention has been adopted as a measure of counter-terrorism law in many jurisdictions. It has been authorised under the Security Certificate regime in Canada and the Control Order regime in United Kingdoms. Since their adoption, the two regimes have become objects of much debate. The reason is that they both legalised the use of secret evidence and secret hearings in their prosecution. The issue arose whether the non-disclosure of such information in a judicial review to decide the reasonableness of a control order/a security certificate deprives terrorist suspects from a fair hearing. This paper explores that question by analysing two landmark cases in the United Kingdom and Canada: AF (No 3) and Charkaoui I. The paper’s thesis is that the findings of the courts in these two cases are reasonable. However, the alternative to full disclosure as adopted by both the United Kingdom and Canada – the Special Advocate model – is currently too limited. This paper subsequently offers solution for this: the judges should have a more active role in investigating the relevant facts of the cases.
The law of private nuisance following Wu: Emanation and access
Authors:   , Mazenier Matthew
Published: November 2021

The boundaries of nuisance have traditionally been tightly guarded. However, the tort’s underlying concern for the protection of property rights has provided it with sufficient flexibility to adapt to changing social and legal circumstances. The New Zealand Court of Appeal’s decision in Body Corporate 366611 v Wu represents the extension of private nuisance to remedy gaps in the tort’s application to the relationship between body corporates and individual proprietors under the Unit Titles Act 1972. The case concerned the defendant Body Corporate’s denial of access to an individual proprietor with an interest in the common property from which the nuisance ‘emanated’. Though the Court erred in its interpretation of existing nuisance principles relating to emanation, its decision can be rationalised on the basis that the plaintiff’s lack of control and restricted access speak to the core interests protected by the tort. Given the Court’s finding that access restrictions may be reasonably imposed upon occupiers under the Body Corporate’s modified rules, the decision’s limited effect is to provide an individual proprietor with a figurative right of access. Outside of clarifying these doctrinal uncertainties, the decision does not produce lasting ramifications for private nuisance.