title: The emergence of the concept of unjust enrichment in New Zealand, its relationship to the remedial constructive trust and the development of the status of joint ventures in equity

authors: Tappenden, Sue

subjects: restitution

abstract: From the 1970s onward there have been numerous attempts to persuade the courts of New Zealand that unjust enrichment might be an acceptable basis for imposing equitable remedies. The foundation for this proposition rests upon the supposed existence of a broad principle that the imposition of a constructive trust is justified in any circumstances where it would be against equity or good conscience to allow the retention of property by one who has an ostensible legal title. So the unjust enrichment, once established, becomes the cause of action and the constructive trust follows as an equitable remedy of a proprietary nature which is available to prevent the unjust enrichment. This has important ramifications for the development of the law pertaining to restitution in this country. This paper will show that the acceptance of the remedial constructive trust is linked to the development of a law of restitution founded upon the principle of unjust enrichment. It will also be shown that, while the roots of the conceptual distinction between law and equity remain intact, in many courts the practical ramifications of that distinction are being eroded, particularly in commercial cases.

text: The emergence of the concept of unjust enrichment in New Zealand, its relationship to the remedial constructive trust and the development of the status of joint ventures in equity From the 1970s onward there have been numerous attempts to persuade the courts of New Zealand that unjust enrichment might be an acceptable basis for imposing equitable remedies. The foundation for this proposition rests upon the supposed existence of a broad principle that the imposition of a constructive trust is justified in any circumstances where it would be against equity or good conscience to allow the retention of property by one who has an ostensible legal title. So the unjust enrichment, once established, becomes the cause of action and the constructive trust follows as an equitable remedy of a proprietary nature which is available to prevent the unjust enrichment. This has important ramifications for the development of the law pertaining to restitution in this country. This paper will show that the acceptance of the remedial constructive trust is linked to the development of a law of restitution founded upon the principle of unjust enrichment. It will also be shown that, while the roots of the conceptual distinction between law and equity remain intact, in many courts the practical ramifications of that distinction are being eroded, particularly in commercial cases.

year: 2008

title: Precision teaching and fluency: the effects of charting and goal-setting on skaters’ performance

authors: Pocock, Trudy Louise

subjects: precision teaching

abstract: This research involved three successive studies where precision teaching methods were used to increase roller skaters performance rates of basic skating skills. The first study compared precision teaching methods both with and without the use of charting in a group design, and compared both within-subject and betweensubject differences for 12 skaters. Results showed that charting did not increase performance rates over that seen when charting was not used. The second study was a group design which compared two different types of goals, or performance aims, on skaters‟ performance. No difference was found between the two groups of 5 skaters when one group used a fixed, difficult goal and a second used a flexible, easier goal. In the final study, a single-subject design was used and 8 skaters completed a control condition where no goals were set before a goal was introduced for 4 skaters. It was found that an immediate increase in performance rates occurred following the introduction of the goal. Overall these three studies showed that skaters improved their performance rates over sessions, even in the absence of charting and/or goals, demonstrating that precision teaching can be applied to the sport of roller skating.

text: Precision teaching and fluency: the effects of charting and goal-setting on skaters’ performance This research involved three successive studies where precision teaching methods were used to increase roller skaters performance rates of basic skating skills. The first study compared precision teaching methods both with and without the use of charting in a group design, and compared both within-subject and betweensubject differences for 12 skaters. Results showed that charting did not increase performance rates over that seen when charting was not used. The second study was a group design which compared two different types of goals, or performance aims, on skaters‟ performance. No difference was found between the two groups of 5 skaters when one group used a fixed, difficult goal and a second used a flexible, easier goal. In the final study, a single-subject design was used and 8 skaters completed a control condition where no goals were set before a goal was introduced for 4 skaters. It was found that an immediate increase in performance rates occurred following the introduction of the goal. Overall these three studies showed that skaters improved their performance rates over sessions, even in the absence of charting and/or goals, demonstrating that precision teaching can be applied to the sport of roller skating.

year: 2010

title: Lake Rotokawau: Water quality and sediment study

authors: Pearson, Lisa Kyle

abstract: Lake Rotokawau is a small (0.52 km2), deep (74 m), oligotrophic lake in the Rotorua Lakes District, located approximately 4.1 km east of Lake Rotorua. The lake is privately owned and managed by the local iwi, Ngati Rangiteaorere. During a site visit carried out on the 25 July 2010, surface and bottom water samples and a sediment core were collected, together with a water column profile (CTD) of temperature, dissolved oxygen, fluorescence, conductivity and depth. The CTD cast showed an anoxic hypolimnion and that the lake likely had not mixed during at the time of sampling, in mid-winter. This observation is highly unusual amongst the Te Arawa lakes and suggests that the lake may remain stratified for multiple years. The lack of mixing could be due to several factors including: presence of higher-salinity bottom waters, high water depth to area ratio, and sheltered aspect. The sediment core collected in the central basin revealed the presence of Ruapehu ash (1995-6 eruption) preserved in the upper 5 cm of the sediment record and the Tarawera Tephra (1886 eruption) located at 13 cm below the sediment water interface. The Ruapehu Ash layer is not preserved in sediment from any other Rotorua lakes and has likely been preserved due to the lack of seasonal mixing. The sediment and pore water chemistry are similar to that of the other lakes in the Rotorua region but however multiple sediment cores are necessary to fully assess variability across the whole lake area.
It is recommended that a routine monitoring programme be established so that any improvement or degradation in water quality can be detected and the mixing frequency of the lake determined. The water quality monitoring should include water column profiles of temperature, dissolved oxygen, fluorescence, conductivity and depth, nutrient analysis (ammonium, nitrate, nitrite, phosphate, silicon, total nitrogen and total phosphorus) of surface and bottom waters and water clarity readings (e.g. Secchi disk and light attenuation). Our observations point to the highly unusual nature of Lake Rotokawau in terms of mixing status and indicate a strong need to preserve significant biological and landscape features of this lake which has not been subject to problems with invasive species that characterise several other lakes in this region.

text: Lake Rotokawau: Water quality and sediment study Lake Rotokawau is a small (0.52 km2), deep (74 m), oligotrophic lake in the Rotorua Lakes District, located approximately 4.1 km east of Lake Rotorua. The lake is privately owned and managed by the local iwi, Ngati Rangiteaorere. During a site visit carried out on the 25 July 2010, surface and bottom water samples and a sediment core were collected, together with a water column profile (CTD) of temperature, dissolved oxygen, fluorescence, conductivity and depth. The CTD cast showed an anoxic hypolimnion and that the lake likely had not mixed during at the time of sampling, in mid-winter. This observation is highly unusual amongst the Te Arawa lakes and suggests that the lake may remain stratified for multiple years. The lack of mixing could be due to several factors including: presence of higher-salinity bottom waters, high water depth to area ratio, and sheltered aspect. The sediment core collected in the central basin revealed the presence of Ruapehu ash (1995-6 eruption) preserved in the upper 5 cm of the sediment record and the Tarawera Tephra (1886 eruption) located at 13 cm below the sediment water interface. The Ruapehu Ash layer is not preserved in sediment from any other Rotorua lakes and has likely been preserved due to the lack of seasonal mixing. The sediment and pore water chemistry are similar to that of the other lakes in the Rotorua region but however multiple sediment cores are necessary to fully assess variability across the whole lake area.
It is recommended that a routine monitoring programme be established so that any improvement or degradation in water quality can be detected and the mixing frequency of the lake determined. The water quality monitoring should include water column profiles of temperature, dissolved oxygen, fluorescence, conductivity and depth, nutrient analysis (ammonium, nitrate, nitrite, phosphate, silicon, total nitrogen and total phosphorus) of surface and bottom waters and water clarity readings (e.g. Secchi disk and light attenuation). Our observations point to the highly unusual nature of Lake Rotokawau in terms of mixing status and indicate a strong need to preserve significant biological and landscape features of this lake which has not been subject to problems with invasive species that characterise several other lakes in this region.

year: 2011-07