title: Ko Tikanga Te Mātāmua:  ngā pūrākau, ngā pakiwaitara, me mihi, ka tika

authors: Carrucan, Edmond Thomas

subjects: Law

abstract: This study highlights pūrākau and pakiwaitara as legal precedents that can bring Tikanga to life in unique ways. Using Kaupapa Māori and Mana Tāne methodologies, I address two problems within a larger project towards further normalising Tikanga within the legal system and legal education.

The first problem is the key misconception that there are two primary sources of law: statutes and common law. My proposed solution involves reconceiving three primary sources of law: Tikanga, statutes and common law. The second problem is how to source from Tikanga in making legal arguments. My proposed solution encourages story analysis of pūrākau and pakiwaitara and the use of these legal precedents within legal submissions. Accordingly, this study has two purposes.

In embarking on my journey of storytelling, I address the first purpose which is to test whether Tikanga is the first law and supreme law of Aotearoa, as was the seminal proposition of Ani Mikaere. This addresses the key misconception referred to above, that there are only two primary sources of law. Through analysis of Tikanga jurists and Western jurists I conclude Mikaere was right. Tikanga is the supreme law of Aotearoa: Ko Tikanga Te Mātāmua. I propose a new model called Te Whānau Ture as a legal family of three primary law sources representing this finding.

This research then addresses the second purpose in showing how ngā pūrākau me ngā pakiwaitara make valuable contributions to the body of law: me mihi, ka tika. Here, this study proposes a new model called, Whai Matua o Te Ture Māori, a symbolic stingray comprised of fourteen objects of Māori law. Later, I propose a further model Ātea Whakaaro, to enable ethical legal story analysis.

This study responds to (a) indigenising legal education, (b) the inevitability of Tikanga test cases and (c) the current Ao Mārama model. The significance of pūrākau and pakiwaitara in legal settings emerges from this study and a reclaiming of a Māori Legal Method becomes inevitable.

text: Ko Tikanga Te Mātāmua:  ngā pūrākau, ngā pakiwaitara, me mihi, ka tika This study highlights pūrākau and pakiwaitara as legal precedents that can bring Tikanga to life in unique ways. Using Kaupapa Māori and Mana Tāne methodologies, I address two problems within a larger project towards further normalising Tikanga within the legal system and legal education.

The first problem is the key misconception that there are two primary sources of law: statutes and common law. My proposed solution involves reconceiving three primary sources of law: Tikanga, statutes and common law. The second problem is how to source from Tikanga in making legal arguments. My proposed solution encourages story analysis of pūrākau and pakiwaitara and the use of these legal precedents within legal submissions. Accordingly, this study has two purposes.

In embarking on my journey of storytelling, I address the first purpose which is to test whether Tikanga is the first law and supreme law of Aotearoa, as was the seminal proposition of Ani Mikaere. This addresses the key misconception referred to above, that there are only two primary sources of law. Through analysis of Tikanga jurists and Western jurists I conclude Mikaere was right. Tikanga is the supreme law of Aotearoa: Ko Tikanga Te Mātāmua. I propose a new model called Te Whānau Ture as a legal family of three primary law sources representing this finding.

This research then addresses the second purpose in showing how ngā pūrākau me ngā pakiwaitara make valuable contributions to the body of law: me mihi, ka tika. Here, this study proposes a new model called, Whai Matua o Te Ture Māori, a symbolic stingray comprised of fourteen objects of Māori law. Later, I propose a further model Ātea Whakaaro, to enable ethical legal story analysis.

This study responds to (a) indigenising legal education, (b) the inevitability of Tikanga test cases and (c) the current Ao Mārama model. The significance of pūrākau and pakiwaitara in legal settings emerges from this study and a reclaiming of a Māori Legal Method becomes inevitable.

year: 2021

title: Te Tuhirau i Rehu i Ringa: Translating Sacred and Sensitive Texts: An Indigenous Perspective

authors: Tipene, Jillian

subjects: translation

abstract: This thesis centers on translator cognition. Through a series of interviews and think-aloud protocols (Chapters 3 – 5), it explores the ways in which a sample of translators (both Māori and non-Māori) negotiate the complex issues involved in translating between a local, Indigenous language (Māori) and an international one (English) and, in particular, how they approach the definition and translation of texts that could be regarded as being ‘sacred’ and/or ‘sensitive’. In their definitions of ‘sacred’ texts and ‘sensitive’ texts, all of the participants exhibited a peculiarly postmodern positioning, focussing primarily on perspective rather than on any absolute concept of truth or reality. With the exception of the Māori participants’ traditional definition of, and approach to texts deemed to be ‘tapu’ (see Chapter 3), all of the participants expressed beliefs about the translation process which were largely structurally-orientated. They emphasized the importance of respecting the cultural context out of which texts emerged and of attempting, in translation, to reflect the meanings deemed to reside in the source texts by virtue of the intentions of their authors. As witnessed in their think-aloud protocols, however, when involved in the actual process of translation the translators did not always adhere to the views expressed in their interviews, with translation procedures ranging from one that was primarily modernist and structural in orientation (but also reflecting the careful attention to co-text and cohesion that is characteristic of much recent research on discourse analysis) to one that was primarily postmodern and post-structural in orientation, being highly personal, autonomous and individualistic.  

In the absence of any clear agreement about translation theory in the literature on translation (see Chapter 2), and at a time when pre-modern, modern and postmodern positioning and structural and post-structural perspectives vie for acceptance, each of the participants in this research project appears to have found his or her own way of traversing the complex terrain of translation practice without necessarily being fully aware of the way in which the decisions they made positioned them theoretically. What this suggests is the need for a type of training that introduces novice translators in an explicit way to a variety of theories about human language and communication and the ways in which they can impinge upon translation practice, thus creating a context in which translators are able to make critically informed decisions about how they will proceed in any particular instance, why they will proceed in these ways, and what is required in order to ensure that their beliefs about translation are in accord with their actual practices. Critical awareness of these issues is likely to be particularly important in the case of those involved in translating between international languages such as English and more localized, Indigenous languages such as Māori, where discontinuity in the transmission of the language has occurred and where, therefore, texts that are deemed to be of particular significance would otherwise be unavailable to those for whom the texts form part of their cultural heritage.

text: Te Tuhirau i Rehu i Ringa: Translating Sacred and Sensitive Texts: An Indigenous Perspective This thesis centers on translator cognition. Through a series of interviews and think-aloud protocols (Chapters 3 – 5), it explores the ways in which a sample of translators (both Māori and non-Māori) negotiate the complex issues involved in translating between a local, Indigenous language (Māori) and an international one (English) and, in particular, how they approach the definition and translation of texts that could be regarded as being ‘sacred’ and/or ‘sensitive’. In their definitions of ‘sacred’ texts and ‘sensitive’ texts, all of the participants exhibited a peculiarly postmodern positioning, focussing primarily on perspective rather than on any absolute concept of truth or reality. With the exception of the Māori participants’ traditional definition of, and approach to texts deemed to be ‘tapu’ (see Chapter 3), all of the participants expressed beliefs about the translation process which were largely structurally-orientated. They emphasized the importance of respecting the cultural context out of which texts emerged and of attempting, in translation, to reflect the meanings deemed to reside in the source texts by virtue of the intentions of their authors. As witnessed in their think-aloud protocols, however, when involved in the actual process of translation the translators did not always adhere to the views expressed in their interviews, with translation procedures ranging from one that was primarily modernist and structural in orientation (but also reflecting the careful attention to co-text and cohesion that is characteristic of much recent research on discourse analysis) to one that was primarily postmodern and post-structural in orientation, being highly personal, autonomous and individualistic.  

In the absence of any clear agreement about translation theory in the literature on translation (see Chapter 2), and at a time when pre-modern, modern and postmodern positioning and structural and post-structural perspectives vie for acceptance, each of the participants in this research project appears to have found his or her own way of traversing the complex terrain of translation practice without necessarily being fully aware of the way in which the decisions they made positioned them theoretically. What this suggests is the need for a type of training that introduces novice translators in an explicit way to a variety of theories about human language and communication and the ways in which they can impinge upon translation practice, thus creating a context in which translators are able to make critically informed decisions about how they will proceed in any particular instance, why they will proceed in these ways, and what is required in order to ensure that their beliefs about translation are in accord with their actual practices. Critical awareness of these issues is likely to be particularly important in the case of those involved in translating between international languages such as English and more localized, Indigenous languages such as Māori, where discontinuity in the transmission of the language has occurred and where, therefore, texts that are deemed to be of particular significance would otherwise be unavailable to those for whom the texts form part of their cultural heritage.

year: 2014

title: Characterization and adsorption performance of New Zealand biochar for the removal of paracetamol and ibuprofen from synthetic solutions in batch and column systems

authors: Shein, Shun Lei Shwe Yee

abstract: Pharmaceuticals are a significant class of emerging organic contaminants that have been increasingly detected in aquatic environments. Their persistence and limited removal by conventional treatment methods poses considerable risks to both flora and fauna. The study investigates the adsorption performance of New Zealand-sourced biochar both raw and surface-modified for the removal of two widely used pharmaceuticals, paracetamol and ibuprofen, from aqueous solutions. With its local availability and carbon-rich structure, biochar was evaluated as an innovative solution to address the growing challenge of emerging pharmaceutical pollutants in aquatic environments. The research aimed to characterize the physicochemical properties of biochar and evaluate its adsorption capacity under batch and column configurations, addressing removal efficiency, equilibrium behaviour, kinetic mechanisms, and dynamic breakthrough performance. The biochar was instrumentally analysed by BET surface area analysis, Fourier-transform infrared spectroscopy (FTIR) and scanning electron microscopy with energy dispersive X-ray spectroscopy (SEM–EDX) to examine the biochar’s surface structure and functional groups. Premium Biochar demonstrated the highest BET surface area (308.3 m²/g), which further increased to 354 m²/g after 30% KOH activation, indicating enhanced porosity and improved availability of adsorption sites. Batch adsorption experiments revealed that paracetamol achieved higher removal efficiencies and adsorption capacities (up to 8.5 mg/g) compared to ibuprofen (maximum of 2.8 mg/g), largely due to its smaller molecular size and greater polarity. The non-linear technique using isotherm and kinetic model was used to validate the process efficiency of pharmaceuticals removal. Kinetic modelling indicated pseudo-second order and Elovich models best described the adsorption mechanisms (R² > 0.997), confirming chemisorption on heterogeneous surfaces as the dominant process. Isotherm analysis showed multilayer Freundlich adsorption for paracetamol and monolayer Langmuir adsorption for ibuprofen reflecting differences in multilayer versus monolayer adsorption behaviour. Column experiments were conducted under single-pass, closed-loop recirculation, and semi-continuous dosing modes. Single-pass continuous flow showed in rapid breakthrough at short empty bed contact times (1.6–4.5 minutes) due to hydraulic limitations. In contrast, closed-loop recirculation columns achieved up to 90% paracetamol removal and 58% ibuprofen removal under extended operation, specifically, the optimal condition when using 1 mm particle size KOH-activated biochar (1 mm KOH-modified biochar, 15 L/min flow, 500 min runtime). Semi-continuous dosing experiments demonstrated gradual adsorbent saturation with final adsorption capacities of approximately 0.43–0.57 mg/g, supporting the need for regeneration strategies in long-term applications.

text: Characterization and adsorption performance of New Zealand biochar for the removal of paracetamol and ibuprofen from synthetic solutions in batch and column systems Pharmaceuticals are a significant class of emerging organic contaminants that have been increasingly detected in aquatic environments. Their persistence and limited removal by conventional treatment methods poses considerable risks to both flora and fauna. The study investigates the adsorption performance of New Zealand-sourced biochar both raw and surface-modified for the removal of two widely used pharmaceuticals, paracetamol and ibuprofen, from aqueous solutions. With its local availability and carbon-rich structure, biochar was evaluated as an innovative solution to address the growing challenge of emerging pharmaceutical pollutants in aquatic environments. The research aimed to characterize the physicochemical properties of biochar and evaluate its adsorption capacity under batch and column configurations, addressing removal efficiency, equilibrium behaviour, kinetic mechanisms, and dynamic breakthrough performance. The biochar was instrumentally analysed by BET surface area analysis, Fourier-transform infrared spectroscopy (FTIR) and scanning electron microscopy with energy dispersive X-ray spectroscopy (SEM–EDX) to examine the biochar’s surface structure and functional groups. Premium Biochar demonstrated the highest BET surface area (308.3 m²/g), which further increased to 354 m²/g after 30% KOH activation, indicating enhanced porosity and improved availability of adsorption sites. Batch adsorption experiments revealed that paracetamol achieved higher removal efficiencies and adsorption capacities (up to 8.5 mg/g) compared to ibuprofen (maximum of 2.8 mg/g), largely due to its smaller molecular size and greater polarity. The non-linear technique using isotherm and kinetic model was used to validate the process efficiency of pharmaceuticals removal. Kinetic modelling indicated pseudo-second order and Elovich models best described the adsorption mechanisms (R² > 0.997), confirming chemisorption on heterogeneous surfaces as the dominant process. Isotherm analysis showed multilayer Freundlich adsorption for paracetamol and monolayer Langmuir adsorption for ibuprofen reflecting differences in multilayer versus monolayer adsorption behaviour. Column experiments were conducted under single-pass, closed-loop recirculation, and semi-continuous dosing modes. Single-pass continuous flow showed in rapid breakthrough at short empty bed contact times (1.6–4.5 minutes) due to hydraulic limitations. In contrast, closed-loop recirculation columns achieved up to 90% paracetamol removal and 58% ibuprofen removal under extended operation, specifically, the optimal condition when using 1 mm particle size KOH-activated biochar (1 mm KOH-modified biochar, 15 L/min flow, 500 min runtime). Semi-continuous dosing experiments demonstrated gradual adsorbent saturation with final adsorption capacities of approximately 0.43–0.57 mg/g, supporting the need for regeneration strategies in long-term applications.

year: 2025-07-06