bluuebunny/crossref_metadata_2025_split huggingface dataset:
Evolving Role of the Courts: Constitutional Review of Legislation under the New Zealand Bill of Rights Act 1990
Authors:   , Connell Charlotte 
Published: November 2021

<p>The constitutional landscape in New Zealand has undergone significant change over the last 20-35 years to improve the transparency and accountability of decision-making in the three branches of government. While most of these changes are a direct result of legislation, the constitutional role of the court has also been evolving and has seen the development of judicial review of the substance of the law for consistency with the New Zealand constitution. The orthodox view of the constitution is heavily critical of judicial, or constitutional, review of legislation by the courts and considers it to be an illegitimate encroachment on the domain of Parliament. This paper explores the legitimacy of constitutional review of legislation by the courts, specifically constitutional review of legislation under the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). To be legitimate, constitutional review by the courts must have both legal authority and be performed consistently with the constitution. This paper observes that s 5 of the Bill of Rights Act has been employed by the courts, without interference from Parliament, to review legislation for consistency with that Act and that the courts use the purposive approach to interpretation and the proportionality analysis to perform such review consistently with the constitution. Finally, the paper explores whether the developing jurisdiction of constitutional review necessitates a new paradigm to define the constitutional relationship between the courts and Parliament because the orthodox view of New Zealand's constitution is no longer supportable as the definitive position</p>
Contesting Collective Representations of the Past: The Politics of Memory in South Korea
Authors:   , Vink Thomas 
Published: November 2021

<p>Because monuments, memorials and other 'sites of memory' privilege particular collective interpretations of the past over others, they represent inherently contentious and political spaces. Contention over representing the past is particularly resonant in Korea, where sites of memory are imbued with strong, often polarised meanings. By focusing on two such sites in Korea, this thesis seeks to discuss the wider implications of the ongoing conflict over what representations of the past should be privileged. In Gwangju, the area surrounding the former provincial hall (docheong) is being redeveloped, part of the city's attempts to become 'reborn' as a capital city of human rights and democracy in Asia. However, to many citizens in Gwangju, this new image ignores the meaning that the city's dissident past holds for local communal understandings of identity. Conflict arose as citizens protested to keep the symbolism of the docheong intact, thus, helping to maintain local narratives of the past. In Seoul, Myeongdong Cathedral, a key symbol of protest and democracy in the 1970s and 1980s, is now having its meaning re-interpreted, as the Catholic Church de-couples religion from socio-political concerns. The conflicting meanings of Myeongdong Cathedral are representative of a wider divergence in Korean society, as apathy towards Korea's past grows among society at large while other segments appropriate the past to protest contemporary socio-political concerns. Ultimately, these Korean case studies emphasise that the meanings sites of memory convey are not fixed, and that groups are often able to appropriate sites to affirm their own narratives of the past and to emphasise their own collective voice. Therefore, sites that represent particular understandings of the past, while contentious, also provide a space for debate and, thus, help to understand ongoing concerns within wider society.</p>
Missing Links
Authors:   , Dormer Rodney 
Published: November 2021

<p>In the context of the worst economic shock that the world has experienced for eighty years, the New Zealand Government has announced a campaign to establish "a more focused, efficient and productive public service" (Whitehead, 2009). As the emphasis of managing the performance of the public service swings away from effectiveness and outcomes back towards efficiency and outputs, the practical and underlying tensions of managing within individual agencies remain. This research explored these tensions in relation to the performance measurement and management practices in three of New Zealand's public service agencies, namely Work and Income, Public Prisons and the Community Probation Service. For each of these agencies, the official performance management models as defined in relevant legislation and the agencies' external accountability documents (primarily their statements of intent and annual reports) are described. Note is also made of the 'formal' frameworks encoded within each agency's computer applications. These frameworks are then compared to an analysis of interviewees' descriptions of the performance measurement and management practices in use within those agencies. A framework by which the official, formal and in use performance management models within public service agencies may be better understood and aligned is then explained. This model utilises a competing values framework composed of two axes. The first of these, the rationality of control is explained in terms of the nature of the major functions involved, the ease with which they may be measured and managed, in what forms information is represented and the nature of the rationality employed. It is argued that these factors support models that exist along a continuum that extends from the use of regulative control to control based on shared understandings. The second axis reflects the locus of control and is explained in terms of the political saliency and perceived complexity of the agency's core functions, the extent to which sensegiving activities are internally and/or externally driven (Maitlis, 2005), and the extent to which management invest in the agency's public capital. These factors are used to explain a continuum on which agencies experience more or less operational autonomy and management discretion. The combination of these factors produces four possible models that may be described as: an administrative control model with a principal focus on managing inputs; a rational goal model employing the language of (quasi) markets and a principal focus on outputs; a multiple constituency model that acknowledges the shared responsibility for outcomes and a need to establish 'joined up' mechanisms with other agencies within government and the community; and a professional service model that seeks to manage specific targets and focuses on the processes or activities that managers manage. This model is then applied to each of the case study agencies to reveal the, at times competing, forces that shape performance management practices.</p>
Hybridisation in the Brown Alga Carpophyllum: Investigating Morphology, Distribution and Wave Exposure
Authors:   , Hodge Fiona Jean 
Published: November 2021

<p>Hybridisation can result in new hybrid lineages, parental species extinctions, the transfer of adaptations, or the merging of parental lineages. Subsequently hybridisation has important implications for the species involved. Hybridisation has recently been confirmed between the Fucalean brown algae Carpophyllum angustifolium and Carpophyllum maschalocarpum using the ITS2 marker. This study conducted a detailed morphometric analysis combined with molecular data to investigate morphology distribution and exposure at two sites on the East Cape. Hybridisation was also morphologically investigated at Leigh, where the previous work had been unable to resolve hybrids using the ITS2 marker. Carpophyllum angustifolium, C. maschalocarpum and their hybrids had distinct and intermediate morphologies, and could be identified by stipe width alone. Individuals with hybrid genotypes with distinctive C. angustifolium morphotypes were also found, which suggests asymmetrical introgression is occurring. Some aspects of C. angustifolium and C. maschalocarpum morphology were found to be correlated with wave exposure. In the more exposed zones C. angustifolium individuals were longer, while C. maschalocarpum individuals were shorter, had thinner stipes and less frequent vesicle presence. There were also nonsignificant trends of C. maschalocarpum individuals having thinner lamina, and lower branch presence in higher wave exposures. The distributions of C. angustifolium, C. maschalocarpum and their hybrids were found to be correlated with exposure. Carpophyllum angustifolium was distributed only in the relatively exposed zones, while C. maschalocarpum was distributed mainly in the more sheltered zones. Hybrids were distributed in intermediate exposure zones where both parental species were present. The hybrid distributions could be a reflection of environmental selection or of the parental contact zone. Morphological evidence was found for hybridisation at Leigh, although there were differences between the morphologies of East Cape and Leigh clusters of C. angustifolium and hybrids. These differences could be due to environmental differences, genetic differentiation or different levels of introgression between the two locations. The general findings in this study support the existing literature on hybridisation, which mainly comes from terrestrial plant and animal species complexes.</p>
The Effects of Acute and Binge 3,4-methylenedioxymethamphetamine (MDMA) Exposure on Learning and Memory in Rats
Authors:   , Kay Charlotte Jane 
Published: November 2021

<p>When rats are administered acute doses of MDMA they produce significantly more reference memory errors than working memory errors in the partially baited radial arm maze (Kay et al, 2009). The potential role of serotonin and dopamine in this effect was examined by administering the serotonin agonist Citalopram and the dopamine agonist GBR12909. GBR12909 produced significantly more reference memory errors, while Citalopram tended to produce more working memory errors. Administration of the D1 agonist A68930 and the D2 agonist Quinpirole predominantly produced reference memory errors, but to a lesser extent than acute MDMA administration. Low doses of both drugs produced a synergistic effect, more similar to that seen with acute MDMA administration. These findings suggest dopamine plays a role in the reference memory effect seen with MDMA exposure in the partially baited radial maze. In the second half of the thesis binge regimes of MDMA (4 x 10mg/kg) were administered to rats. When there was a gap of eight weeks between dosing and training the ability to acquire the radial arm maze was not significantly impaired. When this MDMA regime was repeated with a three-day gap between dosing and training it produced a significant but transient deficit in performance. When later challenged with acute doses of MDMA (4.0 mg/kg) the binge treated rats were less impaired than saline controls indicating drug tolerance. In an additional study that used a three-day delay between dosing and training a significant impairment in task acquisition was found. This deficit appeared to be long-term as the MDMA treated rats were impaired when the rules of task were changed suggesting a deficit in cognitive flexibility. Again when subjects were challenged with acute MDMA there was evidence of drug tolerance. The final study examined the effects of repeated MDMA exposure on task acquisition by administering acute doses of MDMA or saline once a week after rats had previously been treated with either a binge regime of MDMA or saline. MDMA exposure significantly impaired task acquisition and produced residual drug effects in the binge treated MDMA group the day after acute drug administration. However evidence of behavioural tolerance in this study was mixed due to a floor effect where performance of the binge MDMA group was so poor at the beginning of the study. In conclusion MDMA exposure impaired accuracy with reference memory processes were more affected than working memory processes. The underlying nature of this impairment remains unclear but it may be due to a long-term memory deficit, an impairment in understanding task rules or a perseverative pattern of responding. These findings imply human Ecstasy users may show deficits in acquiring information and may experience deficits in cognitive flexibility</p>
Structure and Rheology of Monodisperse and Bimodal Emulsions
Authors:   , Monahan Nicholas 
Published: November 2021

<p>Emulsions are the basis for many commercial products such as foodstuffs and paint due in part to their highly tunable flow properties. It is qualitatively understood that factors such as the dispersed phase droplet size and size distribution should affect how an emulsion flows because they influence how droplets can deform or pack. Since standard emulsification techniques such as blending and homogenization cannot produce emulsions with well-defined size distributions, little work has been done to, in particular, quantitatively determine the influence of droplet size distribution on emulsion flow properties. Consequently, in this investigation we have probed how the droplet size distribution affects emulsion flow properties by using model monodisperse emulsion systems with narrow, controllable droplet size distributions. Using a microfluidic flow focusing device, dodecane-in-water emulsions with diameters between 50 to 100 m with polydispersities less than 5% were produced, as characterized by pulsed field gradient nuclear magnetic resonance and optical microscopy. Due to the relatively large size of the droplets, it was only possible to examine the creamed phase of the emulsion. Samples of known polydispersity were made by mixing known quantities of two monodisperse emulsions. The monodisperse and bimodal emulsions were then subjected to rotational and oscillatory shear flow using a controlled stress rheometer to determine the effects of droplet size and size distribution on emulsion flow properties. Rotational and oscillatory rheological experiments showed that the monodisperse emulsions had two distinct behaviours: foam-like with appreciable thixotropy and yield stresses as well as emulsion-like with no evident thixotropy. The transition between these two behaviours appears to happen at a critical droplet radius between 33 and 37 micrometres. The rheological properties of the bimodal emulsions was split into three distinct behaviours. In samples that could be considered a matrix of large droplets perturbed by smaller droplets, the flow properties were similar to those of the constituent emulsion with the larger droplets. Increasing the number fraction of smaller droplets to a 1:1 ratio creates an entirely new phase with significantly reduced elastic properties. Surprisingly, when the emulsion primarily consists of small droplets, the flow properties are most similar to that of the large droplets. Additionally, despite the microstructural differences, all emulsions showed flow characteristics typical of soft glassy materials above the glass transition temperature. These results demonstrate the significant influence of microstructure on emulsion rheology, where altering the droplet size or polydispersity essentially creates a new phase with its own unique flow properties that is not simply a combination of the properties of the individual monodisperse components that make up the sample</p>
Twittering Libraries: How and Why New Zealand Public Libraries Use Micro-Blogging
Authors:   , Le Gac Magalie Andree Olga 
Published: November 2021

<p>The aim of this research is to discover how and why New Zealand Public Libraries use the micro-blogging platform Twitter. This paper uses a qualitative methodology consisting of open-ended interview questions conducted via e-mail. Rogers' Diffusion of Innovation theory is used as the theoretical framework of this research. The analysis demonstrates that participants use Twitter as an alternative communication channel with members of the public who are Twitter users. Library websites as well as library services and programs are promoted on Twitter. Using Twitter enables participants to advocate for their libraries as Web 2.0 champions and is an invaluable professional development tool. The number of interactions and feedback from Twitter users who follow the library is a measure of the successful use of Twitter for participants. This research also reveals what software is being used by participants to maximise their use of Twitter. The results of this research will allow public librarians to gain more knowledge about the micro-blogging software Twitter and how it can be used to assist in the delivery of outcomes and outputs in their public libraries.</p>
An Inheritance Code for New Zealand
Authors:   , Kelly Gregory Francis 
Published: November 2021

<p>In this thesis I review New Zealand's present inheritance laws which are characterised by: 20 disparate statutes stretching back 100 years; a lack of clear and consistent policies; a failure to adapt to fundamental changes in life expectancy, re-partnering and family groupings that have taken place over the last 40 years; inconsistent judicial decision-making; dual jurisdiction of the Family Court and High Court; mechanisms to avoid the consequences of the current legislation. Calls for urgent and fundamental reform have been met by piecemeal ad hoc changes. In contrast, reform in Australia has been systematic and carefully analysed. After considering the two common inheritance regimes around the world (the fixed rule scheme and the court-based discretionary system), I reach two fundamental conclusions: adoption of an inheritance code; recognition of the principle of testamentary freedom. In addition I recommend a number of changes to New Zealand's inheritance laws, and in particular: acceptance of the primacy of the position of a surviving spouse or partner; replacement of the current family protection and testamentary promises claims with support and contribution claims; restriction of estate claims to spouses, partners and minor children; recognition of the rights of "accepted children" (stepchildren and whangai); clarification of the ability to compromise and contract out of claims; empowering one court to administer all inheritance laws; anti-avoidance measures; equating the rights of spouses, civil union partners and long term de facto partners on separation. I conclude this thesis with a skeleton of the proposed inheritance code including drafts of some of the key provisions.</p>
Rocking the Boat:The Participation Rhetoric Exposed: Why Should People Living in Poverty Have a Voice and Space at the United Nations?
Authors:   , Soanes Vicki 
Published: November 2021

<p>Poverty is one of the most serious issues of our time, and the major seat of the poverty eradication discourse is at the United Nations. The term participation has increasingly featured in the high level poverty discourse in recent years, as well as in development practice. However, in contrast to other identity groups, such as women, indigenous people and people with disabilities, the participation of people living in poverty in high level UN processes is not given priority. They are not seen as an identity group in their own right, rather they are subsumed into others. Furthermore, any participation is assumed to be acceptably realised at the local level, with little priority placed on the facilitation of participation in transnational or global institutions such as the UN. NGOs are assumed to be able to represent the poor, a situation which is problematic and serves to further marginalise people living in poverty. As NGOs translate and represent, they effectively silence people living in poverty. In the absence of the poor, perceptions held by the general public and by decision makers about the poor continue to hamper the debate and restrict possible solutions. Furthermore, the exclusionary statistics-dominated language of UN debate and procedural restrictions present barriers to people living in poverty being meaningfully involved in the poverty discourse. Additionally, the overuse of statistics in these debates serves to abstract and dehumanise the poor. This thesis makes the normative argument that people living in poverty should have a place and space at the United Nations, as do other identity groups. Their participation represents an opportunity to force the debate beyond statistics, and expose the harsh realities of ongoing suffering resulting from the world's failure to act. Their testimony and input could provide an effective catalyst for mobilising political will. Drawing on critical theory, I argue that regular participation and testimony of the poor has the potential to pierce the political facade within which the powerful at the UN make decisions, with scant realisation of the often devastating consequences for the currently invisible poor. The conclusion drawn from this argument is that the poor must be allowed to be leaders of their own liberation and to reclaim their dignity.</p>
Te Taumata -te Timata: the Pinnacle - the First Step
Authors:   , Wilkie Margaret A 
Published: November 2021

<p>Maori with Bachelors degrees in Information Technologies (IT) have specialist knowledge and skills far in advance of the general population of Aotearoa/New Zealand. Problematically, this point is lost in dominant higher education discourses that marginalise and position Maori negatively. The 'silence of the archives' with regard to Maori narratives of higher education is a compounding factor. While the largest proportions of Maori pursue tertiary education in the New Zealand Institutes of Technology and Polytechnics (ITP), very little is known about them. Kaupapa Maori theorising and research practices enabled a new approach in an 'insurrection of suppressed knowledges' to identify and inform issues that are problematic for Maori in particular. A traditional Maori metaphor of poutama is used as a heuristic to illuminate core values and foundations of a Maori worldview and philosophy, to generate a 'reversal discourse' that gives a Maori perspective of the problems. Computer Graphic technologies portray the spirals of learning implied by the multi-levelled, multi stepped poutama; two heuristically separated worlds of Te Ao Maori and Te Ao Pakeha and their integration into Te Ao Hou, The New World. Re-interpreting a traditional role of Pae Arahi (Guides) as a Kaupapa Maori research approach, respected members of tangata whenua, the indigenous people of the land the ITPs are built on, facilitated appropriate entry into fieldwork. Semi-structured face-to-face interviews conducted in 2006-2007 with 17 tauira Maori (students and graduates), 7 IT staff and 12 Maori staff from three ITPs are the basis of narratives that 'positively image' Maori who gained IT qualifications in the ITPs. A re-presentation of poutama as whakapapa or genealogy explains the significance of foundational Maori values of wairuatanga (spirituality), whenua (land), tangata (people) and whanau (family), in academic success. A Maori worldview offers new perspectives of what success is and challenges of being Maori in the tertiary academy that are not commonly understood or acknowledged by non-Maori. Five steps on a learning poutama follow the tauira Maori in their first introductions to IT and prior education; enlightenment to the value of higher education for whanau and openness to new understandings in the IT field; increasing confidence in their abilities to learn, to apply and share IT knowledges; mastering the requirements of degrees in the academy and the challenges of the virtually mono-cultural IT field and ITP environments; their achievement of a pinnacle of IT degrees and other qualifications, and their first steps into work. Te Taumata, Te Timata expresses potentials for 'Maori Ways' to be combined with 'IT Ways' and for more Maori voices to be heard in the higher education discourse. Centrally it celebrates 17 unique individuals who are role models, and inspirations for other Maori to follow to their own successes.</p>