title: Dispute resolution clause, mistaken interpretation and cancellation of contract: Jade Residential Limited v Paul

authors: Liao, Zhixiong (Leo)

subjects: Dispute resolution clause

abstract: Jade Residential Ltd (Jade) entered into a contract to build a house for a couple, the Pauls. Progress payments were required when certain construction “milestones” were met. Two of the “milestones” were “closed-in” and “lined”. Jade was required to “maintain a continuous construction programme until completion”, but was allowed to suspend work in certain circumstances including the Pauls’ failure to pay monies due. The contract includes a dispute resolution clause (cl 27) which provided that if any dispute arises the parties shall meet promptly in good faith and use their best endeavours to resolve such dispute, if such dispute has not been resolved then any party may give a dispute notice, the parties shall refer the dispute to mediation once dispute notice is given, and neither party may issue any arbitration or legal proceedings unless that party has first taken all reasonable steps to comply with this clause.

text: Dispute resolution clause, mistaken interpretation and cancellation of contract: Jade Residential Limited v Paul Jade Residential Ltd (Jade) entered into a contract to build a house for a couple, the Pauls. Progress payments were required when certain construction “milestones” were met. Two of the “milestones” were “closed-in” and “lined”. Jade was required to “maintain a continuous construction programme until completion”, but was allowed to suspend work in certain circumstances including the Pauls’ failure to pay monies due. The contract includes a dispute resolution clause (cl 27) which provided that if any dispute arises the parties shall meet promptly in good faith and use their best endeavours to resolve such dispute, if such dispute has not been resolved then any party may give a dispute notice, the parties shall refer the dispute to mediation once dispute notice is given, and neither party may issue any arbitration or legal proceedings unless that party has first taken all reasonable steps to comply with this clause.

year: 2021

title: How motivational states are embodied in a golf putting task

authors: Holt, Gregory

subjects: Motivational states

abstract: Performing with a desirable motivational state can be the difference between winning or losing a tight sporting event. Research in sports psychology has previously outlined the benefits of performing with approach motivation, along with the negative impacts of operating with avoidance motivation. Recent research has also considered relationships between motivational states and asked how athlete behaviours embody approach or avoidance motivation. However,  there is a shortage of research that identifies signs that an athlete is operating in a state of approach or avoidance motivation. The aim of this thesis is to reduce the gap in the existing literature by using a behavioural perspective to identify how motivational states are embodied by experienced golfers in a golf putting task. Two studies were conducted, using a situational and instructional intervention to induce either approach or avoidance motivation in participants. In Study 1, a between subjects design was used to assess how approach and avoidance motivational states were embodied. The results of Study 1 revealed that participants in the avoidance group leaned further backwards following the situational intervention designed to induce avoidance motivation. However, no effect was found for the intervention that was designed to induce approach motivation. Participants in the avoidance group showed better performance and longer preparation time than participants in the approach condition. These findings were driven by differences in the level of expertise between the two groups. Study 2 was therefore designed to rectify this problem by increasing the difficulty of the putting task. However, as a consequence of the COVID-19 crisis it was not possible to complete the study. Body postures, such as forward and backward leaning may be influenced by motivational states, but further research is required to gain a better understanding of how motivational states are embodied. Despite a failure to find iii support for forms of embodiment beyond leaning, future research should not discount the merit of other potential avenues such as preparation time and proximity.

text: How motivational states are embodied in a golf putting task Performing with a desirable motivational state can be the difference between winning or losing a tight sporting event. Research in sports psychology has previously outlined the benefits of performing with approach motivation, along with the negative impacts of operating with avoidance motivation. Recent research has also considered relationships between motivational states and asked how athlete behaviours embody approach or avoidance motivation. However,  there is a shortage of research that identifies signs that an athlete is operating in a state of approach or avoidance motivation. The aim of this thesis is to reduce the gap in the existing literature by using a behavioural perspective to identify how motivational states are embodied by experienced golfers in a golf putting task. Two studies were conducted, using a situational and instructional intervention to induce either approach or avoidance motivation in participants. In Study 1, a between subjects design was used to assess how approach and avoidance motivational states were embodied. The results of Study 1 revealed that participants in the avoidance group leaned further backwards following the situational intervention designed to induce avoidance motivation. However, no effect was found for the intervention that was designed to induce approach motivation. Participants in the avoidance group showed better performance and longer preparation time than participants in the approach condition. These findings were driven by differences in the level of expertise between the two groups. Study 2 was therefore designed to rectify this problem by increasing the difficulty of the putting task. However, as a consequence of the COVID-19 crisis it was not possible to complete the study. Body postures, such as forward and backward leaning may be influenced by motivational states, but further research is required to gain a better understanding of how motivational states are embodied. Despite a failure to find iii support for forms of embodiment beyond leaning, future research should not discount the merit of other potential avenues such as preparation time and proximity.

year: 2020

title: 'Reclaiming the Ancient Feminine in Māori Society.' 'Kei wareware i a tātou te Ūkaipō!'

authors: Yates-Smith, Aroha

subjects: Atua wāhine

abstract: With our constant interface with the threat of globalisation, it is timely that we reflect on the words of an ancient god who advised his brother, Tāne, to return to their mother, Papatūānuku (Best, 1923, p. 111). His words, which translate loosely as ‘lest we forget the Mother who nurtured us at her breast,’ remind us of the importance of considering the feminine, respecting our Earth Mother, and not taking either for granted.

This paper addresses several issues pertaining to the Māori feminine. The discussion of these will begin with a brief reflection on the importance of balance between the male and female in Māori cosmogony and the marginalisation of the feminine as a result of two hundred years of colonisation. The principal focus of the article as a whole will be the last two decades and the efforts made to address some of the negative effects brought about by colonisation, which could be described as forming the first waves in the tide of globalisation.

The key for the ordering of Māori society lay within our cosmogonic beginnings. Recent studies of Māori cosmology reveal that both male and female deities held prominent positions in the pantheon of gods (Yates-Smith, 1998). There was a strong presence of the feminine at the embryonic stage of Māori society.

text: 'Reclaiming the Ancient Feminine in Māori Society.' 'Kei wareware i a tātou te Ūkaipō!' With our constant interface with the threat of globalisation, it is timely that we reflect on the words of an ancient god who advised his brother, Tāne, to return to their mother, Papatūānuku (Best, 1923, p. 111). His words, which translate loosely as ‘lest we forget the Mother who nurtured us at her breast,’ remind us of the importance of considering the feminine, respecting our Earth Mother, and not taking either for granted.

This paper addresses several issues pertaining to the Māori feminine. The discussion of these will begin with a brief reflection on the importance of balance between the male and female in Māori cosmogony and the marginalisation of the feminine as a result of two hundred years of colonisation. The principal focus of the article as a whole will be the last two decades and the efforts made to address some of the negative effects brought about by colonisation, which could be described as forming the first waves in the tide of globalisation.

The key for the ordering of Māori society lay within our cosmogonic beginnings. Recent studies of Māori cosmology reveal that both male and female deities held prominent positions in the pantheon of gods (Yates-Smith, 1998). There was a strong presence of the feminine at the embryonic stage of Māori society.

year: 2003