bluuebunny/crossref_metadata_2025 huggingface dataset:
Should the courts assess the merits of a dispute referred to arbitration?
Authors:   , Sharpe-Davidson Edward
Published: November 2021

Article 8(1) of Schedule 1 of the Arbitration Act 1996 requires courts to stay proceedings brought on a matter which is the subject of an arbitration agreement except where there is in fact no dispute. The Court of Appeal in Zurich v Cognition interpreted this exception as allowing the courts to assess whether the defendant has an arguable defence to the summary judgment proceedings brought against it. By allowing the court to assess the merits of a dispute referred to arbitration New Zealand is inconsistent with the theoretical and international understandings which require the independence of international arbitration. Court proceedings on a matter referred to arbitration have the potential to rob the parties of the benefits of persisting with arbitration. It is therefore necessary to consider alternatives to art 8(1) which are principally, comparatively and practically sound.
The decision making process leading to curriculum innovation in medium sized New Zealand secondary schools since the introduction of NCEA
Authors:   , Austin Lee Gowan
Published: November 2021

The introduction of the current New Zealand Curriculum and National Certificate in Educational Achievement (NCEA) system provides New Zealand secondary schools with the opportunity to design unique courses that meet the particular needs of their students and the context of the school. Due to the recent implementation of this qualification (introduced in stages from 2002), there has been limited research that explores innovation in school based senior curriculum that contribute towards NCEA. This thesis investigates five innovative courses: Agribusiness, Fitness for Living, Viticulture, Sea Sports and Pasifika Studies. The research focuses on the decision making process which led to the schools implementing these innovations with an aim to identify who made these decisions and what influenced them. In order to investigate this focus, an Actor-Network theory (ANT), framework was utilised. ANT allows for the progress of an idea (the course design), to be followed and objectively views the influences (actors), on this process. The objectivity of ANT comes through the principle of symmetry which does not distinguish between social and material factors nor hold any expectations of positional power. This case studies examined were situated in medium sized secondary schools which face a limited range of resources when designing and delivering curriculum than their larger counterparts. Data collected through interviews with key actors in the course design process enabled the dynamic mapping of the network influencing the design of the course. This process determined a wide range of actors both social and material; each combination unique to the context of the school. There were a range of positional levels within each school identified as the key decision makers (the Executive); the group which had the final say on the design of the course. When the Executive deviated from senior management positions, they did so in an environment of high relational trust. Senior managers maintained a good understanding of decisions being made around the course design without interfering with the process. This research identified the influence policy and qualification criteria had on course design for the five case studies including any regulations that distorted the course design process. The level of consideration of these regulations varied across the studies. Each course network is hypothesised to be held together by a key motivator; when the motivator fails the significant actors are expected to disengage from the network. This thesis contributes insight into how innovative course design has been developed in senior secondary school and how actor network theory can be applied to educational research.
Investigating song-based language teaching and its effect on lexical learning
Authors:   , Tegge Friederike Anna Gerda
Published: November 2021

The present thesis addresses the following question: Can popular songs as they are currently used in second and foreign language classrooms benefit lexical learning? Lexical learning is defined as the acquisition of new vocabulary as well as the consolidation and further elaboration of familiar words and phrases. To answer this research question, three methodologically distinct studies are reported.  In the first study an international questionnaire explored teacher cognitions as well as actual teaching practices involving songs. The responses of 568 informants in 41 countries indicate that a majority of respondents believe in the usefulness of songs for language learning and that many respondents utilize songs in class for clearly defined pedagogical purposes, including vocabulary learning. The questionnaire also elicited information from the respondents about the way they incorporate songs in lessons, including details about how often a song is played and what types of form- and meaning-focused activities are used to engage learners with the lyrics of a song.  The second study investigated the lexical characteristics of teacher-selected songs and the vocabulary learning opportunities they afford. For this purpose, a corpus of 635 songs used for ESL/EFL purposes, comprising 177,384 tokens, was compiled and analysed. Results indicate that teacher-selected songs are short, repetitive and relatively undemanding as far as lexis is concerned compared to other authentic text genres. Knowledge of the 4000 most frequent word families of English provides 98% coverage of the running words in this song corpus. Little difference was found in terms of the overall vocabulary demands between songs intended for use with beginners, intermediate and advanced learners.  The third study investigates whether participating in a song-based lesson results in higher verbatim text retention compared to a lesson based on a poem or a prose text. For the sake of ecological validity, the procedures and the materials used in the classroom intervention study were informed by the findings of the teacher questionnaire (study one) and the song corpus analysis (study two). Results indicate that a song-based language lesson but also a poem-based lesson result in significantly higher recognition and cued recall of verbatim text than a lesson based on a prose text.  In response to the overall question, this thesis provides evidence that songs as they currently tend to be used by language teachers around the world indeed benefit certain aspects of lexical learning, perhaps in particular the entrenchment in memory of already (half-)familiar words in association with their phraseological patterning. It is argued that, while certain structural characteristics of songs (and poems) have the potential of rendering text (and the lexis therein) memorable, it is the way that songs tend to be exploited in the classroom that capitalizes on this mnemonic potential.
The Applecart Project: Bi-cultural action research collaboration focused on dietary change and social capital within a Māori community
Authors:   , Fraser Cherida Ann
Published: November 2021

Na to rourou, Na taku rourou, Ka ora ai Te iwi. …with your food basket, and my food basket, the people will thrive…  The AppleCART Project was an action research project which evolved through a bi-cultural research relationship. The pairing of a Maori community organisation focused on wellbeing, with a Pākehā masters student, created a project that weaved together academic findings regarding barriers to dietary change, Māori health models and identity constructs and social capital indicators, and combined it with the organisation‟s experiential knowledge of a „hard to reach‟ Māori community. The development of The AppleCART Project therefore occurred at an intersection of four approaches: Māori, Pākehā, community, and academia. The 12-week project included weekly delivery of ingredients to prepare a healthy meal supported by social cooking workshops. Ten participants were interviewed; workshop observations and a post-project discussion group enriched the data, along with the author‟s personal action research diary.  Ethnographic data describes a community that has a health consciousness but experiences of poverty hinder ability to improve dietary behaviour. Social capital indicators are present within the community, mainly located within whānau networks. Participants with less robust whānau networks particularly lacking in expressive support relied on CART for social support. It is suggested that CART functions as an urban marae providing space, place and security for its community, engendering the development of adaptive and fluid contemporary Māori identities. Contrasts between Māori relational and Pākehā instrumental approaches are discussed.
Uncovering the Longitudinal and Physiological Associations between Self-Control, Delay of Gratification and Future Thinking
Authors:   , Watson Samantha J.
Published: November 2021

High self-control, better delay of gratification, and future thinking have long been linked theoretically and, more recently, empirically, yet evidence of the causal relationships between them is non-existent. The present research aimed firstly to elucidate the nature of the relationships between self-control, delay of gratification and future thinking, and secondly to investigate whether they are rooted in our physiology. In Study 1, a sample of 174 undergraduates completed a self-report survey three times with 2-month intervals in between. Longitudinal mediation path models were constructed to determine whether and how self-control would function as a mediator between delay of gratification at Time 1 and consideration of future consequences at Time 3. Results showed that delay of gratification predicted higher self-control, which in turn predicted higher concern for future consequences (CFC-F) and a lower concern for immediate consequences (CFC-I). Study 2 further explored this relationship by investigating whether temporal orientation grouping – high- vs. low-CFC – would predict subsequent levels of self-control and delay of gratification in a study of 71 undergraduates. Heart rate variability and cortisol were also examined. Results showed that by grouping participants in terms of CFC it was possible to predict subsequent levels of self-control and gratification delay abilities as expected. While there were no between-groups physiological differences, the methodology allowed for the novel discovery that cortisol was related to cognitive facets of self-control, while HRV was related to emotional functions associated with low self-control (i.e., worry and rumination). These results further highlight the importance of self-control in both our psychological and physiological functioning.
The New Eastside: Re-populating East Christchurch Through Diverse, Contextualised, Medium Density Housing
Authors:   , Wines Brett
Published: November 2021

At the conclusion of the 2010 and 2011 Canterbury earthquakes more than 5100 homes had been deemed unsafe for habitation. The land and buildings of these were labelled “red zoned” and are too badly damaged for remediation. These homes have been demolished or are destined for demolition. To assist the red zone population to relocate, central government have offered to ‘buy out’ home owners at the Governmental Value (GV) that was last reviewed in 2007. While generous in the economic context at the time, the area affected was the lowest value land and housing in Christchurch and so there is a capital shortfall between the 2007 property value and the cost of relocating to more expensive properties. This shortfall is made worse by increasing present day values since the earthquakes. Red zone residents have had to relocate to the far North and Western extremities of Christchurch, and some chose to move even further to neighbouring towns or cities. The eastern areas and commercial centres close to the red zone are affected as well. They have lost critical mass which has negatively impacted businesses in the catchments of the Red Zone. This thesis aims to repopulate the suburbs most affected by the abandonment of the red zone houses.  Because of the relative scarcity of sound building sites in the East and to introduce affordability to these houses, an alternative method of development is required than the existing low density suburban model. Smart medium density design will be tested as an affordable and appropriate means of living. Existing knowledge in this field will be reviewed, an analysis of what East Christchurch’s key characteristics are will occur, and an examination of built works and site investigations will also be conducted.  The research finds that at housing densities of 40 units per hectare, the spatial, vehicle, aesthetic needs of East Christchurch can be accommodated. Centralising development is also found to offer better lifestyle choices than the isolated suburbs at the edges of Christchurch, to be more efficient using existing infrastructure, and to place less reliance on cars. Stronger communities are formed from the outset and for a full range of demographics.  Eastern affordable housing options are realised and Christchurch’s ever expanding suburban tendencies are addressed. East Christchurch presently displays a gaping scar of devastated houses that ‘The New Eastside’ provides a bandage and a cure for. Displaced and dispossessed Christchurch residents can be re-housed within a new heart for East Christchurch.
At face value: Should a jury warning about the risks of assessing credibility from demeanour be mandatory in criminal jury trials?
Authors:   , Taylor Richard
Published: November 2021

In E (CA799/2012) v R [2013] NZCA 678 the Court of Appeal directly confronted the issue of whether demeanour warnings should be required in all criminal jury trials. Such a warning would alert a jury to the risks of using demeanour to assess credibility. While science has shown that demeanour is an unreliable tool for assessing credibility, the Court decided that a demeanour warning was not always required. As such, the law appears to be out of step with contemporary science. This article contrasts the traditional approach to the usefulness of demeanour evidence in criminal jury trials with a more modern understanding of its actual usefulness. Drawing on both social science and case authorities, this paper will critically evaluate the Court’s approach to this issue. The conclusion is reached that a demeanour warning actually should be mandatory in all criminal jury trials.
Judicial infringement of the right to internet access by the imposition of special sentencing conditions
Authors:   , White Nina
Published: November 2021

Section 14 of the Bill of Rights Act extends to protect internet access within New Zealand as a means of expression. Judicial restriction of internet access via the imposition of special conditions during sentencing is therefore an infringement of s 14. This interpretation of s 14 is consistent with its purpose, legislative history, and the broad approach afforded to human rights generally, as well as international case law and statutes. Any imposition of special conditions restricting internet access must be a demonstrably justifiable limit per s 5 of the Bill of Rights Act to be legitimate. The practical considerations of such a technological limit also warrant judicial consideration before it is imposed. As yet, New Zealand has no explicit protection of internet access but growing acceptance of its importance indicates that reform or judicial acknowledgement are, or soon will be, required.
For the people, by the minister: Ministerial interventions in subnational, elected bodies and a principled approach to their future application
Authors:   , Hardcastle Laura
Published: November 2021

Although frequently ignored, New Zealand’s democratically-elected, subnational bodies provide many of the day-to-day services we rely upon, from water and sewerage to healthcare and education. However, the broad discretion enjoyed by ministers responsible for local government, District Health Boards, school boards of trustees and tertiary institution councils means elected representatives could easily be removed with little justification. This paper reviews the ministerial intervention regimes for each of these bodies and concludes that a principled approach to their use is needed to protect democratic values and prevent a concentration of power with the ministers. It suggests democracy, subsidiarity, the scale of the problem, the importance/centrality of the function, timing, complexity, transparency, consultation, apolitical decision-making and minimising interventions as principles upon which to critically analyse past interventions and ensure these powers are used more effectively in future.
Religious vilification laws in New Zealand: Should the freedom of expression be taken as gospel?
Authors:   , Barber Fran
Published: November 2021

With ever-increasing multiculturalism and diversity within New Zealand, this paper explores the potential for religious vilification laws to be passed in order to promote community tolerance. New Zealand’s Human Rights Act 1993 includes both civil and criminal offences for the incitement of hostility on the grounds of race. There is no commensurate provision protecting religion. This paper considers the harm that religious vilification laws seek to remedy, and whether their efficacy in preventing this harm is proportionate to the incursion upon the freedom of expression. Ultimately, it suggests that while there are real harms associated with religious hate speech, the adversarial legal system is a flawed instrument through which to deal with it.
Inhabiting the machine
Authors:   , Goodwin George
Published: November 2021

Like many cities across India, Chennai (capital of Tamil Nadu) has two tiers of slums — those with official government recognition and those without. Slums with official government recognition are then further categorised to either be objectionable or unobjectionable. Recognised slums receive government funding to provide new tenements and basic services on site. But recent studies have shown that 4.8 sq km of the Chennai metropolitan area are comprised of either unrecognised or objectionable slums. The current government strategy is to forcibly relocate families from unrecognised or objectionable slums to large-scale, high-rise settlement colonies on the distant outskirts of Chennai. Numerous civil society organisations, however, have documented that eviction and relocation results in extreme trauma for these families. The Transparent Chennai Project at the Institute for Financial Management and Research in Chennai argues that: “A far more reasonable strategy would be to once again implement the Tamil Nadu Slum Clearance Act in the spirit that it was written, and start to recognise slums and improve them in situ” (Raman and Narayan).  This thesis proposes that architectural design can improve conditions for Chennai’s urban poor without resorting to forced relocation. It argues that a new framework for slum housing can be designed that is capable of: protecting slum dwellers from environmental disasters such as rising sea levels, storm surge, and tsunamis; mitigating environmental pollution to improve hygiene; and providing economic sources of fresh water and energy through sustainable means. It further argues that this framework can be achieved in a culturally sensitive manner by acknowledging traditional and historically significant regional architectural typologies.
The child protection offender register: An analysis of the proposed New Zealand child sex offender register
Authors:   , Eaton Rebecca
Published: November 2021

Sex offender registries are prominent and controversial methods of managing sex offenders once released into the community. The purposes and form of these registers vary between jurisdictions. A current proposal has been made for the development and implementation of such a register in New Zealand which would focus on child sex offenders specifically. In determining whether this intervention would be justified and serve a practical purpose, this paper looks at the risk posed by child sex offenders and the current measures in place to manage this risk. This paper finds that the proposed child sex offender register will enhance the current management measures and information sharing arrangements regarding child sex offenders. Various rights and interests are affected by the implementation of a sex offender registry; the inherent tension being between freedom of expression and privacy. This paper looks at whether the current proposal achieves an appropriate balance between these rights. Whilst an appropriate balance is achieved by the register itself, this balance will have to be more carefully considered in the development of the proposed disclosure scheme.
Hate speech and holocaust denial: The prohibition of false historical discourse in modern society
Authors:   , McKeown Tessa
Published: November 2021

The existence and magnitude of the largest genocide of the twentieth century, the Holocaust, are now being denied by individuals worldwide. This paper analyses the European legislation criminalising Holocaust denial from a freedom of expression perspective. The paper argues that Holocaust denial is inherently anti-Semitic, and is thus consistent with hate speech theory and the hate speech laws that have been enacted internationally in an attempt to remedy the harm hate speech can cause. The thesis of this paper is that the legislative restrictions on hate speech and Holocaust denial are justified from a free speech perspective on theoretical grounds. Such restrictions are a necessary prioritisation of human dignity and equality in the circumstances. Explicit Holocaust denial laws, while performing an essential symbolic function in European jurisdictions, are unnecessary in non-European states, as generic hate speech laws are sufficient to capture the harm caused by upper-level Holocaust denial.
Censoring cyber-bullies: Is the Harmful Digital Communications Bill a justified limitation on the right to freedom of expression?
Authors:   , O'Connor Annie
Published: November 2021

Harmful Digital Communications have become a pervasive and serious problem in New Zealand. The Harmful Digital Communications Bill aims to address this problem in a number of ways. This paper focuses on the civil enforcement regime and the criminal offence of causing harm by posting a digital communication established by the Bill. It considers these aspects of the Bill in light of the right to freedom of expression, and analyses whether they constitute a justified limitation on that right. By applying the New Zealand Bill of Rights Act 1990 section 5 analysis from Hansen v R, the paper discovers that the civil enforcement regime is a justified limitation, but the new criminal offence is not. The paper concludes that the inclusion of a public interest defence in the offence would allow it to effectively ameliorate the harm caused by online abuse without impinging on freedom of expression more than is reasonably necessary.
Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media
Authors:   , Smith Emma Jane
Published: November 2021

It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.
Freedom of Expression and Events of Major Importance: An Analysis of the Issues in Union des associations européennes de football (UEFA) v European Commission in the context New Zealand
Authors:   , Zander Philip
Published: November 2021

This paper discusses the context of a Directive of the European Union which allowed for events of major importance to society to be listed and televised in a manner deemed appropriate by Member States. Union des associations européennes de football challenged the validity of the acceptance of the list of the United Kingdom by the European Commission in 2007. The challenge questioned whether the entirety of the European Championship finals could be included in the list given that this appeared to breach multiple rights and all the matches may not be of major importance.  The General Court of Europe and the Court of Justice of the European Union both found for the United Kingdom, highlighting that their powers were limited in respect of the current action. In doing so the courts left open the question of whether the designation properly balanced relevant rights. As every nation has a different context that may influence the balancing of these rights, any decision on the validity of the designation would have to consider large quantities of information. This paper aims to discuss the designation of the EURO championships in light of the circumstances of New Zealand.
Judicial recusal in New Zealand: Looking to procedure as the principled way forward
Authors:   , Gajanayaka Mudalige Chamika
Published: November 2021

The well-documented Wool Board Disestablishment Co v Saxmere Co litigation thrust the often dormant issue of conflicts of interest between a judge and a litigant into the limelight. Now that the dust has settled on the controversy that culminated in Wilson J's resignation, it is pertinent to question the status quo and investigate the potential cause of the events and, more importantly, whether measures need to be taken to prevent another such occurrence.  This paper takes a principled approach to analysing judicial recusal law in New Zealand, with a particular focus on procedure. In doing so, a mismatch between process theory and the reality of haphazard self-regulation highlights the procedural shortcomings of the current recusal paradigm. To remedy this, the author applies aspects of process theory to reform judicial recusal procedure and bring it in line with general civil litigation practice. The proposed reform instils some fundamental practices that are presently absent in recusal procedure. To contextualise the paper's findings, the author revisits the Saxmere saga to first posit that a lack of procedural safeguards may have contributed to the saga and two, to suggest that had the procedural safeguards proposed by this paper been in place, the controversy could have been mitigated, if not avoided.
Judicial specialisation in a generalist jurisdiction: Is commercial specialisation within the High Court justified?
Authors:   , Steel William
Published: November 2021

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this paper argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this paper argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion it also examines the issues that may arise if the government decides to continue with its proposed reform under clause 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.
Third-party funding: The effect of the growing third-party funding industry in international arbitration on New Zealand
Authors:   , Boolieris Eva
Published: November 2021

The quickly rising trend of third-party funding in international arbitration is an extremely novel and complex challenge for the international arbitration community. Third-party funding has a long history in the law of litigation funding but this new trend will require the international arbitration community to grapple with this concept in a new setting. As domestic countries have taken hugely varying approaches to third-party funding in a litigation context, the international arbitration community has a wealth of choice available to it in deciding how to approach this trend. There are many outstanding issues in this area and there is much speculation as to how these issues will be resolved. New Zealand will be affected by the choices that the international arbitration community makes in this regard when New Zealand engages in international arbitration. The possibility of the Trans-Pacific Partnership Agreement (TPPA) coming into force is also likely to exacerbate some of the effects of the choices made on the state of New Zealand in investor-state arbitration.
The constitutionality of default arbitration
Authors:   , Emanuel Asher Gabriel
Published: November 2021

A proposed Bilateral Arbitration Treaty would subject international commercial disputes between enterprises in signatory states’ jurisdictions to arbitration unless the parties agreed to the contrary. This marks a substantial departure from conventional understandings of arbitration as based on the consent of the parties. More importantly, the policy would modify the jurisdiction of the courts, removing a large number of disputes to offshore tribunals subject to minimal judicial oversight. This paper explores the constitutional propriety of such a policy, with particular attention paid to the principles of the separation of powers, the rule of law, public provision of essential State functions, open justice, and democracy. These constitutional principles would be subverted if the policy were to operate within the existing regulatory framework for arbitration. The paper makes recommendations for possible modifications to the policy that would make it a better fit with the constitution.
Where is the West in UN Peacekeeping? An examination of the decline in Western troop contributions to UN peacekeeping
Authors:   , Maarleveld Sophie
Published: November 2021

This thesis explores an important aspect of the changing composition of United Nations peacekeeping troop contributions by examining the causes of the decline in troop contributions from the West. It does so by creating a theoretical framework within which the widespread decline in troop contributions from the West can be contextualized and reviewing a variety of possible arguments in secondary literature for the decline that can be considered within this theoretical framework. I assert that the constructivist concept of security communities, although originally focused on interactions between states in the community, can also be used to understand the ways in which these states respond to peace and security threats outside of the community, and that this is the reason there has been a systemic decline in troop contributions from the West.  The past, current and future peacekeeping engagements of Canada and New Zealand will be explored in detail in this thesis. These countries have historically had a strong commitment to the UN, and been champions of its ultimate authority to sanction international responses to conflict. Both countries have a history of significant troops contributions to UN peacekeeping, but have decreased these contributions in the last 10-15 years. Understanding why these two internationalists all but abandoned UN peacekeeping can provide clues as to why other Western militaries have done the same, and concentrated their resources in other peace support operations. These cases also exemplify how the security community concept can be applied to understanding troop contributions to peace operations.  This thesis is divided into four main sections. In the introduction I present the research question and discuss its relevance and importance, as well as the salience of the two case studies, followed by the explanation of my theoretical framework, a review of secondary literature on the topic, and the details of my research methodology. In chapter one I explore a variety of arguments that have been made by academics and practitioners regarding the decline in troop contributions from the West. Chapter two covers my first case study – Canada – and chapter three covers New Zealand.  I argue that although the factors that determine countries’ troop contributions are unique and shaped by domestic as much as international circumstances, the wider trend in the West of decreasing troop contributions to UN peacekeeping missions, while increasing troop contributions to non-UN peacekeeping operations can be explained by building on the security community concept. As such, any return to UN peacekeeping is likely to occur throughout the West or not at all. I also argue that in order for the West to re-engage with UN peacekeeping, both Western governments and the UN must take steps towards redefining the parameters of troop participation in UN peace operations.
Ethical standards in international sales contracts: Can the CISG be used to prevent child labour?
Authors:   , Wilson Simon
Published: November 2021

Despite international efforts in recent decades to eliminate it, child labour continues to affect millions of children worldwide. This paper considers whether the UN Convention on Contracts for the International Sale of Goods (‘CISG’) can be used to prevent child labour. It firstly addresses the conformity requirements in art 35 of the CISG, and asks whether these can be used to require a seller to deliver child labour-free goods, even where this is not explicitly required by the contract. It then considers whether a buyer can recover damages if the seller delivers goods that are tainted by child labour. It examines the difficulties associated with a claim for damages in this context – especially where the only harm suffered by the buyer is to its goodwill or its ‘performance interest’ – and suggests how such damages might be calculated.
When is secession legitimate?
Authors:   , Bennett Ashleigh
Published: November 2021

Secession claims are not sufficiently dealt with at international law. Similarly theoretical analyses of the moral justifications for secession widely differ, with little scholarly agreement on, for example, whether there is a primary right to secede, a remedial right only, or no right to secede at all. This paper reviews the scholarly debate on legal, moral and constitutional legitimacy of secession, and develops five criteria for assessing the overall legitimacy of a secession claim: (1) nationhood and claim to territory; (2) self-determination and autonomy; (3) treatment at the hands of the state; (4) viability of the proposed state ; and (5) position of the existing state. Applying these criteria to three very different but equally topical possible secession claims - Scotland from the United Kingdom, Catalonia from Spain, and Novorossiya from Ukraine - the interplay between these criteria is demonstrated.
Is there any other way? Port State jurisdiction as an alternative to the mandatory reflagging of deep water fishing vessels in New Zealand's EEZ
Authors:   , Curtis Henry
Published: November 2021

This paper examines the recent changes in New Zealand to require fishing vessels operating in New Zealand waters to be exclusively New Zealand flagged ships, rather than foreign charter vessels as has been practiced to date. Drawing on scholarship regarding the increase in States using measures of port State jurisdiction to regulate foreign vessels throughout zones both in and outside their jurisdiction, the paper asks the question; can a State regulate foreign fishing vessels in its EEZ in a manner consistent with its ability to regulate its own vessels? After establishing the scope of jurisdiction a State holds over vessels in its respective maritime zones (including its ports), this paper goes on to examine the cases of abuse, substandard vessel conditions, and underpayment of workers highlighted on foreign fishing vessels in New Zealand and their possible regulation. The paper ultimately concludes that the application of port State jurisdiction is limited in its ability to regulate foreign EEZ fishing vessels. While some aspects of foreign vessel operation in the EEZ can be regulated to the same extent as domestic vessels, the nature of some offences on board foreign fishing vessels leaves them beyond the jurisdiction of the coastal State.
Retention of Email Records in New Zealand Tertiary Institutions
Authors:   , Gradwell Morgan
Published: November 2021

Research problem: Despite its ubiquitous usage, there has been a lack of research into the New Zealand public sector’s use of Information Communication Technologies (ICT). Email records pose a particular problem, especially when their management is left in the hands of the end user. This poses a risk where the Public Records Act 2005 (PRA) is concerned. The research within this paper explores the retention and disposal of email records within New Zealand tertiary institutions so that the attitudes of information professionals responsible for the retention of email records are captured, as are the perceived risks of managing such records.  Methodology: For the purpose of this study quantitative data was collected to determine the understandings, attitudes, and concerns of information professionals. The unit of analysis was drawn from a population consisting of information professionals within New Zealand tertiary institutions. For the purpose of this research, tertiary institutions that operate as publically funded crown entities were identified. The research was undertaken with a Continuum perspective.  Results: Within tertiary institutions, the issues of email management do not appear to lie with the appraisal policies or retention and disposal schedules. Instead the main risks associated with email records stem from the original creator, or end user, being responsible for identifying what emails are records and managing them appropriately. The implementation of electronic document and records management systems (EDRMS) varied between institutions, but majority of the research participants identified them as being of importance to the capture and management of email records.  Implications: The findings show that there is a lack of empirical evidence into how the end users within tertiary institutions are treating email records. Further study is needed within tertiary institutions as well as the wider public sector regarding the risks posed by the mismanagement of email records. There is also the need for further research into the implementation of EDRMS, and how EDRMS vendors in New Zealand are meeting legislative requirements.
The impact of cloud software’s agile development on staff roles and delivery of client services: A case study of the University of Auckland Libraries & Learning Services
Authors:   , Sinclair Bryony
Published: November 2021

Research problem: In 2014, the University of Auckland replaced its legacy Voyager library management system installed in 1998 with the Ex Libris Alma system, which has been developed around Software as a Service (SaaS) architecture. The objective of this research was to investigate the impact of cloud software’s agile development on staff roles and client services delivery in a tertiary library environment, using University of Auckland Libraries and Learning Services as a case study.  Methodology: Framed by organisational change management in the context of technological innovation, a detailed exploration of the University of Auckland’s shift to the cloud software was carried out, from an employee perspective. As a means of collecting rich data from a variety of sources and multiple perspectives from within the organisation, an online survey about Alma Fulfillment, the functional area of Ex Libris Alma used to deliver client services, was distributed to frontline staff six months after Alma’s implementation.  Results: The research found that, notwithstanding the perceived strengths of the new cloud software to deliver enhanced client services from the staff-user perspective, there was a strong preference for ongoing dissemination of information and instruction for frontline staff, particularly on the enhancements and new features regularly deployed by the service provider.  Implications: This research enables further understanding of factors affecting engagement for employees in new systems and potential barriers to effective and efficient service during significant cultural, functional, and technical change.
From conflicting to complementing: The formalisation of customary land management systems governing swidden cultivation in Myanmar
Authors:   , Ennion Jim David
Published: November 2021

Swiddening is a traditional and widespread agricultural system in mountainous regions of Southeast Asia. It is prevalent in Myanmar’s hilly border region. However, economic, political, demographic, social and technological drivers in this region are causing this form of land use to undergo significant transition. This transition is affecting the customary land use rights of swidden farmers.  Throughout Myanmar’s tumultuous history, customary land management systems and the state land management system have been poorly integrated. This has led to customary land use rights receiving little formal recognition and left customary right-holders vulnerable to exploitation.  Recent political and economic developments within Myanmar have prompted changes to the state land management system. The Myanmar government introduced the Farmland Law 2012 and the Vacant Fallow and Virgin Lands Management Law 2012 which significantly altered how agricultural land is managed. However, these laws also contain minimal interaction with customary land management systems. In relation to swidden cultivation, the legislation is unclear how land under customary tenure is identified, how communally-held land is recognised and what swidden practices are legally permitted.  The draft National Land Use Policy released in late 2014 reveals progress in addressing these issues. However, greater clarity is needed with regard to how the policy is implemented. Many lessons may also be derived from the experiences of surrounding Southeast Asian countries, such as the Philippines and Cambodia, in the way customary land use rights are incorporated into state legislation.  The goal of this thesis is to propose how customary land management systems may be integrated into the state land management system in order for customary land use rights over swidden land to be recognised as comprehensively as possible by the state. The legislative framework should also allow sufficient flexibility for local farmers to adapt to changing circumstances. The identification of swidden land will be considered in the context of producing maps of customary land use, the management of swidden land under collective land-holding structures will be discussed with regard to pressures to individualise land-holding and the use of swidden cultivation practices will be considered in light of proposed development projects.  The current political and economic climate in Myanmar indicates some willingness to acknowledge and address these issues. There is hope that customary land management systems and the state land management system will begin to complement, instead of conflict with, each other in order to enable swidden farmers to access their customarily held land into the future.
Parametric Kinetics
Authors:   , Clayton Allan
Published: November 2021

This thesis examines how parametric modelling can be used in the design process to aid in the development of a kinetic architectural skin. A parametric scripting process has been used to control morphological change in architectural models. This has enabled the description of responsive kinetic form, and has facilitated a process of iterative design development. At the conceptual stage, weather data has been used to generate responsive form, enabling exploration into a range of potential designs. At the developmental stage, static and dynamic iterative modelling has been used to inform the development of a final skin system. The process of iterative modelling has introduced a high level of feedback to the design process, allowing for a thoroughly developed architectural system that performs well against established design criteria. This thesis proposes that parametric modelling is a credible tool for the development of dynamic architectural systems.
Securing Unity and Reverence: Chinese ontological security across its maritime and frontier disputes
Authors:   , Curtis Henry
Published: November 2021

This thesis draws on the Constructivist school of International Relations, applying the theory of ontological security to explain diverging patterns of behaviour by China across its maritime and frontier territorial disputes. Since the establishment of the People’s Republic of China, these patterns have seen China consistently interact with states adjacent to its frontiers to settle disputes peacefully, with occasional instances of conflict. Conversely, in its maritime disputes, though varying in its levels of aggression and cooperation, China has resolutely refused to settle with disputant states. In examining these varying behaviours, it is argued that differences derive from the differing ability of China to secure its national identity between the two types of dispute. Analysing the examples of the Sino-Indian dispute and border war, the Burmese border agreement, and the ongoing South China Sea disputes, periods of conflict and settlement in these disputes are compared to changing manifestations of Chinese national identity. What results is an illustration of frontier border settlement contributing to the security of China’s identity as a unified, pluralistic nation state. The absence of national minority populations in relation to maritime disputes alternatively sees continued interaction in these disputes as securing China’s identity as the superior ‘Central Kingdom’ relative to peripheral South East Asian states, while offering little incentive for settlement. Both types of dispute can be viewed as contributing to the biographical narrative of China’s ‘Century of Humiliation’. This thesis presents a significant departure from existing studies of China’s disputes, predominantly undertaken from a Realist perspective. Additionally, it expands on existing Constructivist literature by demonstrating how national identity can result in a range of behaviours across a range of differing disputes, further validating the emerging ontological security approach within International Relations scholarship.