bluuebunny/crossref_metadata_2025_split huggingface dataset:
Acquired brain injury and serious criminal offenders: An argument to expand the court's therapeutic jurisdiction
Authors:   , Jackson Louisa 
Published: November 2021

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

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

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

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

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

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

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

<p>This paper assesses the democratic legitimacy of the constitution-making processes that brought into being the Constitutions of the Cook Islands and Niue. New Zealand’s role in the decolonisation of its former colonies has generally been seen as quite benign. New Zealand’s status as an external actor however raises questions regarding the effect its influence had on the democratic legitimacy of the respective constitution-making processes. Constituent power theory demands that a constitution is the product of the popular political will; an act of self-determination undertaken by the people, for the people. This paper argues that the existence of external influence in the constitution-making process is not necessarily at odds with this. The democratic legitimacy of the constitution-making process is dependent on the constitution being a manifestation of the people’s constituent power. Insofar as external actors do not displace the people’s constituent power but rather enhances it, there is no reason to exclude such influence; there may even be reason to encourage it. By drawing on New Zealand’s experience in decolonisation, this paper ultimately advances a two-stage model for constitution-making in the context of small, dependent non-self-governing island-states. As on-going political ties with an external state are often sought, the aim of the model is to provide an avenue for that external state to participate in or contribute to the constitution-making process while maintaining the process’ democratic legitimacy.</p>
Intra-national travel and familiarisation with a new home: A case study of travelling professional workers in Da Nang and Hoi An, Vietnam
Authors:   , Tran My Nguyen Diem 
Published: November 2021

<p>This thesis examines the relationship between the intra-national travel behaviour of travelling professional workers (TPWs) and their familiarisation with the host country as their new home. It aims to provide a better understanding of the relationship between tourism and migration. A conceptual framework is developed to illustrate the context and direction of this study. This research is a case study performed by employing semi-structured, in-depth interviews. A total of 34 interviews were conducted with TPWs in the hospitality and tourism industry in Da Nang and Hoi An (Vietnam). Collected data were coded into prominent themes using an analytical framework developed by the researcher. This thesis found that the intra-national travel behaviour of TPWs is related to their familiarisation with the host country as their new home. In particular, the intra-national travel motivations of TPWs reveal their desire to become familiar with a new home. In relation to intra-national travel patterns, volume of travel, choice of destinations and activities are found to have an impact on TPWs’ familiarisation with a new home. This study also found that intra-national travel experiences help them become familiar with their new home through the establishment of social relationships, by increasing their cultural familiarity, and through enhancing a sense of safety and security, psycho-socio wellbeing and life satisfaction. Moreover, travel companions and the most memorable experiences play a significant role influencing TPWs’ familiarisation with a new home. An underlying concept for the whole topic, the notion of home, is explored and found to be influenced by a number of factors including physical exposure to the place, social relationships, psycho-socio wellbeing, life satisfaction, safety and security, cultural familiarity, local language skills and employment. In the case of TPWs, the concept of home often carries a temporary meaning rather than a permanent one due to their frequent movements. In addition to intra-national travel, this research found two aspects influencing the way by which TPWs make the host country their new home: ‘employment’ and ‘domestic partnership and family’. Nevertheless, the results of this study suggest that TPWs represent a resident international market and contribute to the development of the local tourism industry. Several recommendations are also made regarding TPWs’ settlement in the host country, and the opportunity for local marketers to capture the TPW market efficiently.</p>
The factors that influence a lawyer’s use of and ability to develop effective electronic information seeking behaviour
Authors:   , Lewis Geraldine 
Published: November 2021

<p>Research Problem: The purpose of this research was to discover the factors that influence a New Zealand lawyer’s use of and ability to develop effective electronic information seeking behaviour. There have been no previous studies undertaken in New Zealand to understand the cognitive reasons and the reasons directly related to the resources themselves that impact on why lawyers do, or do not look for information effectively from electronic resources. Methodology: A phenomenological study design was used in order to understand an event from the viewpoint of the participants. Nine New Zealand lawyers participated, providing demographic information and taking part in semi-structured interviews. In addition two of these lawyers took part in a further participant observation. Results: The results indicated that factors personal to the applicant such as their previous training, electronic experience, personality and age have an impact on their ability to develop effective electronic information seeking behaviour. In addition external factors such as cost, time and lack of access directly related to electronic resources also have an impact. Implications: Based on the findings of this report it was found that electronic resources were considered to be an important part of a lawyer’s work and gaining increasing significance. However not all lawyers have the ability to make full use of these electronic resources. Therefore it is important that lawyers are provided with the opportunity to undertake appropriate training and to access high quality electronic resources. Further study needs to be undertaken to look at strategies and training methods required by lawyers and their employers to improve these skills.</p>
Never let me go? A case study of deaccessioning and disposal undertaken at Museum of Wellington City and Sea
Authors:   , Loud Rebecca 
Published: November 2021

<p>In the current economic climate museums are increasingly being asked to do more with less. For museums that hold collections, this poses a unique challenge. With the cost of collections being relentlessly accumulative, questions are being raised about the long term financial sustainability of current collecting practices. Deaccessioning is being suggested as a way in which museums can improve the quality of their collection without increasing its size. Yet the literature on deaccessioning suggests that the process is fraught with ethical and practical difficulties. By highlighting the negatives aspects of the process, writing in museum studies and practice does little to explore how deaccessioning might be used to achieve positive outcomes. This research addresses this gap by asking whether deaccessioning is a positive tool that, if used appropriately, can assist a museum in improving the quality and manageability of their collection through systematic planning. To understand how and why a museum may permanently remove objects from their collection, the study focuses on one New Zealand museum’s response to the challenge of redeveloping a collection through the process of deaccessioning and disposal. The Museum of Wellington City and Sea’s deaccessioning process is analysed through documentary research and interviews with Museum staff. The interviews offer an understanding of the thought processes and motivations involved in selecting objects to be deaccessioned. The data collected reveals both the challenging aspects of the process but also offers insights into how these aspects can be mitigated or resolved. The conclusions presented in this dissertation suggest that deaccessioning is an integral part of current museum practice that can be used positively to actively shape and refine a museum collection. I argue that some of the beneficial outcomes of the process include greater understanding of collections, improved knowledge and context, resolution of historical collecting problems, strategic relationships built with other museums and improvement in how objects are stored and utilised. More importantly deaccessioning allows museums to determine the character and content of their collections. In order for this to be achieved, I recommend that museums adopt a rational approach to reviewing their collections that is multi-disciplinary, transparent and acknowledges how their collection is used in the achievement of their institution’s mission.</p>