bluuebunny/crossref_metadata_2025_split huggingface dataset:
Activating the edge: Investigating landscape architectures potential to utilise transport infrastructures public life generating ability
Authors:   , Kuiti Jordan 
Published: November 2021

<p>Transport infrastructure is a key aspect of any city. The ability to move large groups of people into and through the city can positively or negatively affect the public life associated with that city. With this in mind transport infrastructure is often designed in a very technical manner, which seeks to move maximum numbers of people around the system as fast as possible for the least amount of money. There seems to be a lack of embrace of other aspects associated with transport infrastructure. These other aspects include public life, place making, enjoyment, and what is the transport adding to the city? With the population of New Zealand’s cities increasing, more money is being allocated to transport infrastructure projects. With a change in approach these projects could work functionally but also offer other benefits, such as public life, new development, enhanced identity, and importantly a more liveable city for the inhabitants. Instead of the functional aspects of transport infrastructure being the only driver, a more holistic approach should be utilised which takes into account the social and public life generating potential. Wellington City has been chosen as a test site as it is an example of a city currently going through transport infrastructure upgrades whilst also struggling with future transport issues. Situated in a unique harbour setting the waterfront is split from the CBD with a traffic heavy six-lane road. The harbour offers a transport resource that is not being utilised. Ferry transport offers a new approach to transport in Wellington that offers greater benefits than just moving people around the system. This thesis proposes a fresh look at transport infrastructure in Wellington with the development of a ferry network designed to service the entire Wellington Harbour. Through researching the development potentials offered by transport networks this thesis argues that a holistic approach to transport infrastructure can have wider reaching benefits that just moving people around the system efficiently.</p>
Molecular characterization of bacterial diversity in New Zealand groundwater
Authors:   , Sirisena Katugampalage Kosala Ayantha 
Published: November 2021

<p>Groundwater is a globally important natural resource and an integral part of the water supply in New Zealand. Due to high demand, the quality and availability of groundwater are both extensively monitored in New Zealand and globally, under State-of-the-Environment (SOE) monitoring programmes. SOE groundwater monitoring in New Zealand mainly evaluates hydrochemistry and until this thesis has largely overlooked the biotic component. Microbes including bacteria play a crucial role in ecosystem functioning by mediating biogeochemical processes in subsurface environments. Therefore, analysis of microbiological content will enable better evaluation of the health of groundwater ecosystems that is not fully reflected by chemical data alone. This project characterizes the bacterial diversity in New Zealand groundwater at national and regional scales using molecular methods and explores the underlying factors that shape the bacterial community structure. A simple molecular profiling tool, Terminal Restriction Fragment Length Polymorphism (T-RFLP) was used to determine community structure at local and national scales. The results revealed considerable diversity that was driven by groundwater chemistry. Roche 454-pyrosequencing was then used to obtain a deeper insight into New Zealand groundwater ecosystems, and showed that bacterial communities have many low abundance taxa and relatively few highly abundant species. In addition, microbial diversity is mainly related to the redox potential of the groundwater. But, despite this relationship, Pseudomonas spp. were the dominant genus at many sites even those with diverse chemistries and environmental factors. The final phase of the project set the platform to test whether these Pseudomonas spp. have acquired genetic material from other species via horizontal gene transfer (HGT) enabling them to adapt into a diverse range of habitats. A whole-genome sequencing approach (Illumina MiSeq platform) was used to develop six metagenomic databases as a resource to test this hypothesis. Initial results show some evidence for HGT and further investigations are underway. Overall, the knowledge generated across all phases of this project provides novel insights into New Zealand groundwater ecosystems and creates a scientific basis for the future inclusion of microbial status assessment criteria into regional and national groundwater monitoring programmes and related policies in New Zealand.</p>
City of Flux: Liberating the Concrete Terrain
Authors:   , Carden Tara-Lee 
Published: November 2021

<p>In recent decades the world has increasingly become aware of our role in the continual degradation of our planet’s natural environment. One of the most influential and controversial issues of the Twenty First Century is climate change and a subsequent rise in global sea-levels. The implications of the most recent scientific predictions will play out over the following century and beyond, significantly affecting millions of people and thousands of coastal cities around the world. Accelerated sea-level rise globally will demand urban, landscape and architectural solutions for low-lying regions to respond over the coming decades to the extensive changes that will occur. New Zealand has a vast coastline and therefore will be particularly vulnerable to the predicted one-half, to two meter rise in sea-level during the following century (Evans, Milfont, and Lawrence 3). As occupants of an island nation, New Zealanders’ share a strong affinity to water. The earliest Maori settlements to the most recent developments in New Zealand have occurred predominantly in coastal regions, taking advantage of both land and marine resources. In order to envision a vital future for New Zealand’s coastal cities, the temporality of the relationship between these urban centres and the sea forces us to confront the transitory quality of our place within it. Simultaneously, the design proposal presented in this thesis recognises that Wellington has historically reclaimed large areas of land to form the majority of the central city seen today, and that in order to flourish in the coming century of climate change will require urban design more responsive than we know today. The imminent threat of the encroaching ocean within the high value precinct of Wellington’s central business district provides an opportunity to engage with the dynamic transition from land based activities to those functions that engage with incremental flooding. Using a critical transect of Wellington’s central city this thesis proposes a system of intervention to modify a section of the existing urban fabric to accommodate, prepare and adapt for flooding. The aim of this design investigation will be to place the programme as a hinge between land and sea.</p>
Process + Product: The condition of low-cost housing in Bangkok, Thailand
Authors:   , Brown Samuel Peter 
Published: November 2021

<p>The low-income housing situation in Bangkok, Thailand, is similar to that faced in many developing cities throughout the world. The housing opportunities afforded to residents classed as low-income dwellers, are minimal, unsuitable and inconsiderate of their complex social, cultural and spiritual requirements, often leading to the formation of slums, and squatter settlements. The close proximity of living experienced in informal settlements results in a community-focused style of living, where neighbours rely on each other to survive. This is translated not only into the social fabric of the informal settlement, but also into the architectural style of these vernacular communities. The process of helping construct your neighbour's home, builds social and cultural ties; these traits are often lost when outside parties attempt to ‘improve’ the low-income living situation. The idea of housing design as a process not just a product, also referred to as ‘cooked’ architecture, is widely promoted through the writings, research and design methodologies focused towards low-income housing endeavors (Rapoport, 1988; Sinha, 2012; Yap, 1990). Despite this, effective involvement of residents in developing and building their own homes is something rarely practiced or achieved within architecture, yet the benefits of including residents, who are the focus of a complex social and architectural situation, in the design process seems clear. There is little question that communities that work through this process become stronger, both socially and economically, however, the quality of housing and architectural output is still at a very low level, despite obvious improvements from the previous low-cost conditions. To address this, an architectural outcome has been developed utilizing a critical design approach. The implementation of ethnographic and participatory design research, as well as multiple design iterations, based on current and traditional modes, has resulted in an architecture that is culturally responsive, impacts the existing context lightly, and primarily provides a positive social scenario to encourage community betterment through collective construction and living.</p>
The Weeks When Decades Happened: A Theoretical Consideration of the 2011 Egyptian Uprising
Authors:   , Menzies Rebekah Anna Jónsdottir 
Published: November 2021

<p>In 2011, the Middle East was plunged into turmoil with a series of popular uprisings ousting a number of long standing dictators. Former Egyptian President Hosni Mubarak’s 30 year reign was toppled in just over two weeks. This thesis takes a theoretical approach to the Egyptian Revolution, assessing the extent to which the Egyptian case lends support to various theories which consider transitions away from authoritarianism and towards democracy, and the extent to which these theories can assist us in understanding why democracy has not resulted in Egypt. There are a number of strands of theoretical work which consider both transitions away from authoritarianism and towards democracy, and the factors influencing the timing and mode of transition. These include structural theories related to economic modernisation, inequality and crisis; those related to the role of elites and civil society in influencing transitions, whether from above or below; ideas surrounding the diffusion of, and international influences on, democratisation; and arguments considering the role of religion and culture. This thesis argues that theories of authoritarian breakdown garner more support from the Egyptian case than theories of democratisation. Ideas related to the diffusion of contentious politics and international influences on transition, as well as the role of both elites and civil society, garner support from the Egyptian case. Structural theories related to economic conditions, and the role of religion and culture, garner less support from events in Egypt.</p>
The humane co house
Authors:   , Coles Chloé 
Published: November 2021

<p>The Humane Co-house design-led research project presents a new typology for shared medium-density housing sited in a city-fringe Wellington suburb. The research argues communal living can be utilised to achieve smaller dwellings, a high medium-density grain, a humane living environment and a new form of social interaction that home buyers will find desirable. Buying a home is difficult throughout New Zealand and Wellington is no exception. Inner-city apartment blocks lack individuality, space for growing families and a sense of community and autonomy. While research shows houses in outer suburbs are perceived to provide these, they come at a high price and there are low amounts of available stock. There is potential for city-fringe suburbs adjacent to the inner city to accommodate more dwellings, creating available housing stock that is appealing to buyers who would otherwise be looking at expensive suburban houses. The research begins with the current attitudes and preferences within the New Zealand housing context, and suggests that the appeal of the traditional detached suburban house is intertwined with a desired balance of private space to common space. The research designs and develops a new typology that attempts to achieve this balance, but with smaller dwellings at a high medium-density. Through design-led research an architectural definition and manifestation of a humane dwelling is formed. This focuses on a balance of private space and common space. Qualities of common and private spaces within a dwelling are explored through literature and design tests. Evaluation of design case studies produced from research, tests and iterations draws conclusions about how communal living can be utilised by different demographics to achieve a new type of social interaction, and a basic level of affordability that will resonate in the current context. The final design case study was critically reflected upon in terms of a theoretical client that over time might transition through three demographic groups – a working young person or couple, a family and a retired person or couple. In this way the design case study produced was considered as a flexible and long-term dwelling, resulting in a humane and appealing home for occupants at different stages of life.</p>
Non-refoulement and national security: A comparative study of UK, Canada and New Zealand
Authors:   , Li Hanxiao 
Published: November 2021

<p>“International law generally rejects deportation to torture, even where national security interests are at stake.” ¹ There had been a fierce debate when Hassan Ahmed Shaqlane, a Somalian refugee who was sentenced to an 8-year prison term for rape and kidnapping, won his appeal against deportation, upheld by the Deportation Review Tribunal.² Controversy arose again when Al Baiiaty, an Iraqi resettlement refugee was convicted of sexual violation by rape for the fourth time. With the Court of Appeal’s noting that Mr Al Baiiaty poses a serious risk to the community³, the then Minister of Immigration called for a report on the deportation issues raised by the case.⁴ Deportation to torture may deprive a refugee of the right to liberty, security and perhaps life⁵, which is against many states’ domestic laws and international instruments such as the International Conant on Civil and Political Rights⁶ and the Convention against Torture⁷. It has been said that even if Article 33 of the Convention relating to the Status of Refugees does not categorically reject deportation to torture on its face, it should not be used to deny rights that other legal interments make available to everyone.⁸ It is highly questionable, however, under this broad obligation, if a refugee poses a significant threat to the protecting country’s national security, what action can a state take to protect its own national security and its own people. Are provision in the Refugee Convention, the ICCPR and the CAT absolute, binding and non derogable? If so, can a state derogate from its international obligation to refoule a refugee to potential torture to protect its national security? On what grounds then, can a state derogate from it? This paper will consider these questions. By doing so, this paper will first outline the international obligations, provided by the Refugee Convention, the ICCPR and the CAT, what is an international norm and states’ derogation rights in these provisions. The paper then looks at the courts in Canada, the United Kingdom and New Zealand’s approach in Suresh, EN⁹ and Zaoui¹⁰ when deporting a person who poses threat to national security can lead to torture and arbitrarily deprivation of life and the deportation potentially violates an international obligation or a state’s constitution. The paper will explain their approaches in relation to the different positions of their international obligations. The paper submits its concerns for some specific provisions in the Refugee Convention and the issues in exercising the absolute rights provided by the ICCPR and the CAT, as well as the ECHR. The paper finally submits its preferable approach after observing states’ practice and comparative study of the three approaches.</p>
Australia's guestworkers? A discussion of the rights of New Zealand citizens to enter, reside and work in Australia
Authors:   , Oldfield Yvonne 
Published: November 2021

<p>New Zealanders and Australians have enjoyed free movement across the Tasman since early European settlement of both countries. They have been able to live and work in either country for indeterminate periods, and up until recently, enjoyed many of the same benefits as permanents residents of their respective countries. However from 2001 the Australian government has cut back the entitlements of New Zealanders in Australia to welfare and other benefits. This paper explores the legal position of New Zealanders in Australia and the reasons behind the Australian government’s moves. It will argue that New Zealanders who do not meet the usual permanent residence criteria are effectively being used as temporary migrant labour in Australia. Even where they make Australia their long-term home they have no access to an alternative path to residence and citizenship. Excluded from the franchise, they are in a position of “civic marginalization” in which they have no direct influence over policies such as the 2001 changes to social welfare. The paper will conclude by considering briefly whether a human rights approach could provide a mechanism for these “Ozkiwis” to address differential treatment that has arisen as a result of their civic marginalisation.</p>
Euro-sceptical or Euro-phile? A critical analysis of the jurisprudence of the German Federal Constitutional Court on the process of European integration and decision-making
Authors:   , Sangmeister Bernadette 
Published: November 2021

<p>On 14 January 2014, for the first time in its history, the German Federal Constitutional Court (FCC) decided to refer a decision to the Court of Justice of the European Union (CJEU). This referral, which concerned the issue of the legality of the European Central Bank’s bond-buying practices, must be seen as “historic” with regard to European integration and the relationship between European Union law and German constitutional law, forming part of important decisions of the FCC in this field since its first euro-critical judgment, Solange I, 40 years ago. Considering the high influence the German Federal Constitutional Court has had on the process of European integration, this paper aims at identifying and critiquing the lines of argumentation developed by the FCC in recent years in the field of European integration and decision-making before and after the Lisbon judgment in 2009, paying particular attention to the currently suspended OMT Decision proceedings in order to answer the question if a shift in the jurisprudence of the FCC from a euro-sceptical to a euro-phile approach has taken place.</p>
Mediation advocacy
Authors:   , Shaw Annabel 
Published: November 2021

<p>Mediation has been a part of New Zealand’s employment statutory framework in one form or another for over a century, and has been the first port of call for employment disputes under the current Employment Relations Act for nearly 15 years.¹ I have been working as a mediator in this context for almost seven years in more than 1,000 mediations. Lawyers are playing a significant part in the field of mediation, with a large number representing clients in this forum on a regular basis. In an evaluation of 100 of my mediations over a ten-month period, 85% of parties were legally represented. This rate is consistent with anecdotal reporting across the employment mediation service. Lawyer representation in mediation is not unique to the employment context. There are various mediation schemes provided for under many New Zealand statutes as well as a wide raft of non-statutory mediation occurring in numerous settings. In my experience as a mediator with human rights and leaky building mediations, as well as working as a lawyer in a large commercial law firm, I am aware lawyers are representing clients in many other areas of mediation as well. Although there is a significant amount of mediation occurring and a large number of lawyers regularly appearing in mediation, my experience is that the majority of lawyers act in mediation as if they were in litigation and take an adversarial approach. My thesis is that lawyers have not adapted effectively to mediation and taken on the role of mediation advocacy. This paper explores the topic by first describing, in Part II, what I observe as lawyers’ adversarial approach in mediation. It then looks at other research to assess whether this experience is reflective of a wider issue. It finds there is evidence to support my observations. Part III analyses why lawyers are operating in an adversarial way in mediation and proposes several reasons this may be the case. Part IV puts forward what I propose is appropriate mediation advocacy. It sets out the knowledge, roles and skills required from lawyers when representing clients in mediation. Part V suggests what might be done to assist a shift away from the common, adversarial approach to effective mediation advocacy. This paper is written within the context of employment mediation in New Zealand. However, it draws on research from different jurisdictions and areas of practice so the conclusions it comes to may have more general application. The topic is not whether lawyers should be in mediation. I am not arguing that lawyers do not have a part to play in mediation. A lawyer well versed in mediation advocacy can play a highly effective part in the process. Leonard Riskin, one of the key authors on the topic of lawyers in mediation, expresses this even more strongly, saying he believes lawyers’ involvement is fundamental to mediation’s success.² Further, this paper is focused on lawyers representing parties in mediation and does not consider lawyers as mediators.</p>