title: IP round-up: Recent decisions from the courts (March 2012)

authors: Kingsbury, Anna

subjects: court

abstract: This article discusses Trade Marks cases(respectively): “Mars New Zealand Ltd v Roby Trustees Ltd” [HC Auckland CIV 2011-404-4613, 7 December 2011], “Fonterra Brands (Tip Top Investments) Ltd v Tip Top Restaurant Ltd” [HC Wellington CIV 2011-485-1011, 4 November 2011], “Adidas AG v Forrester Hilton” [HC Auckland CIV 2011-404-2751, 9 September 2011], “AA Insurance Ltd v AMI Insurance Ltd” [HC Wellington CIV 2010-485-2427, 2 November 2011], and “N V Sumatra Tobacco Trading Co v New Zealand Milk Brands Ltd” [2011, NZSC 113].

text: IP round-up: Recent decisions from the courts (March 2012) This article discusses Trade Marks cases(respectively): “Mars New Zealand Ltd v Roby Trustees Ltd” [HC Auckland CIV 2011-404-4613, 7 December 2011], “Fonterra Brands (Tip Top Investments) Ltd v Tip Top Restaurant Ltd” [HC Wellington CIV 2011-485-1011, 4 November 2011], “Adidas AG v Forrester Hilton” [HC Auckland CIV 2011-404-2751, 9 September 2011], “AA Insurance Ltd v AMI Insurance Ltd” [HC Wellington CIV 2010-485-2427, 2 November 2011], and “N V Sumatra Tobacco Trading Co v New Zealand Milk Brands Ltd” [2011, NZSC 113].

year: 2012-03

title: Impact Investing: Can impact be achieved in public markets?

authors: Pearson, Stuart

subjects: Additionality

abstract: Risk-adjusted returns are no longer the sole metric investors consider. A growing number of investors are now wanting to know that their capital is having a positive impact for society and the planet, as well as risk-adjusted returns. The existing options tend to focus on being ‘less bad’ and have mixed efficacy in delivering comparable risk-adjusted returns. In addition, they are unlikely to create any additional positive impact than otherwise would have been achieved without the investor’s capital, so why invest in them at all? This research examines an emerging investment strategy that has the potential to deliver additional positive impact as well as excess financial returns by repurposing a mechanism stigmatized by corporate raiders and private equity firms historically, that mechanism being shareholder activism. Our dataset of companies, who have been targets of such a strategy, exhibit materially positive excess stock returns over the shorter-term event window. Results suggest that this strategy is more effective when the target companies are smaller or when the investor acquires a larger shareholding. Importantly, the target companies across all subsamples experience a material uplift in environmental, social, and governance scores in the year after the activism event, suggesting success in creating additionality of impact.

text: Impact Investing: Can impact be achieved in public markets? Risk-adjusted returns are no longer the sole metric investors consider. A growing number of investors are now wanting to know that their capital is having a positive impact for society and the planet, as well as risk-adjusted returns. The existing options tend to focus on being ‘less bad’ and have mixed efficacy in delivering comparable risk-adjusted returns. In addition, they are unlikely to create any additional positive impact than otherwise would have been achieved without the investor’s capital, so why invest in them at all? This research examines an emerging investment strategy that has the potential to deliver additional positive impact as well as excess financial returns by repurposing a mechanism stigmatized by corporate raiders and private equity firms historically, that mechanism being shareholder activism. Our dataset of companies, who have been targets of such a strategy, exhibit materially positive excess stock returns over the shorter-term event window. Results suggest that this strategy is more effective when the target companies are smaller or when the investor acquires a larger shareholding. Importantly, the target companies across all subsamples experience a material uplift in environmental, social, and governance scores in the year after the activism event, suggesting success in creating additionality of impact.

year: 2023

title: In what ways do the perceptions of connectedness of Māori students in Alternative Education secondary schools affect their self-efficacy within the learning environment?

authors: Lemon, Katrina Suezanne

subjects: Alternative Education

abstract: This study has sought to identify connectedness for Māori students within the alternative-education, learning environment and the effect this has had on their self-efficacy. Alternative education in New Zealand is described as a place where second chance learners have access to education (Alternative Education National Body New Zealand, 2016). Generally, students are referred to alternative education due to becoming habitual truants, while other students are deemed as behaviourally-challenging, and are consequently excluded from school (Education Review Office, 2010; Ministry of Education, 2016a). A Critical Theory approach was employed guided by Kaupapa Māori methodology. Data was collected using the qualitative methods of focus-group interviews and one-to-one semi-structured interviews. An open-coded approach was adopted to analyse the data from the interview transcripts where themes were selected, and a summary reflection was written. 

Three distant themes were identified during the data analysis phase: Tāhuhu Kōrero – Kura; Alternative Education – Kura; and Alternative Education Teaching and Learning Approaches.  Within these themes sub-themes were explored: perceptions and experiences of primary and secondary school; Māori in mainstream education; the referring schools involvement; misconceptions; connection to the alternative-education, learning environment; centre and teacher practices; connection with Māori; and pathways, mana, and self-efficacy. An important aspect of this study was to seek to understand these students’ prior educational experiences before gathering their narratives on the alternative-education, learning environment. This was a strength of the study as the student narratives on their entire educational journey provided a depth of understanding for the researcher, and went towards explaining their disconnection, how it happened, and gave context to their referral to alternative education. 

The student narratives expressed a strong sense of connection to their primary-school, learning environment, however, a complete disconnection to their secondary-school, learning environment. Students expressed feeling discriminated against for being Māori, that there was no empathy or understanding given to their lived realities despite wanting to succeed at school. They felt that their teachers did not make an effort to connect with them describing a power imbalance between the teachers and themselves. The students felt that expectations were low, and that teachers could not be bothered to help them with their work. The student participants attributed this disconnection to the reason for their truancy and behavioural issues. The student narratives on the alternative-education, learning environment described an environment that was: whānau; where teachers worked at a connection and understood their learners; challenging them academically; where the teachers were highly committed to their students; where trust and respect was built; and where one size did not fit all - flexibility was exercised. Students felt that the alternative-education, learning environment provided them with career ambition, and academic confidence resulting in self-efficacy. 

This study provides student voice from a group that was overlooked within the Te Kotahitanga research project (Bishop, Berryman, Tiakiwai, & Richardson, 2003). To hear the voice of alternative education students is important in seeking to improve educational success and enjoyment for Māori priority learners. If we get to know and understand what works for these priority learners, we can then work towards making a difference for them within mainstream education. This study aims to identify the importance of connectedness for Māori students and how connectedness will positively affect Māori learners and their self-efficacy. 


Kia mau ki tō Māoritanga.
Hold fast to your Māori culture.

text: In what ways do the perceptions of connectedness of Māori students in Alternative Education secondary schools affect their self-efficacy within the learning environment? This study has sought to identify connectedness for Māori students within the alternative-education, learning environment and the effect this has had on their self-efficacy. Alternative education in New Zealand is described as a place where second chance learners have access to education (Alternative Education National Body New Zealand, 2016). Generally, students are referred to alternative education due to becoming habitual truants, while other students are deemed as behaviourally-challenging, and are consequently excluded from school (Education Review Office, 2010; Ministry of Education, 2016a). A Critical Theory approach was employed guided by Kaupapa Māori methodology. Data was collected using the qualitative methods of focus-group interviews and one-to-one semi-structured interviews. An open-coded approach was adopted to analyse the data from the interview transcripts where themes were selected, and a summary reflection was written. 

Three distant themes were identified during the data analysis phase: Tāhuhu Kōrero – Kura; Alternative Education – Kura; and Alternative Education Teaching and Learning Approaches.  Within these themes sub-themes were explored: perceptions and experiences of primary and secondary school; Māori in mainstream education; the referring schools involvement; misconceptions; connection to the alternative-education, learning environment; centre and teacher practices; connection with Māori; and pathways, mana, and self-efficacy. An important aspect of this study was to seek to understand these students’ prior educational experiences before gathering their narratives on the alternative-education, learning environment. This was a strength of the study as the student narratives on their entire educational journey provided a depth of understanding for the researcher, and went towards explaining their disconnection, how it happened, and gave context to their referral to alternative education. 

The student narratives expressed a strong sense of connection to their primary-school, learning environment, however, a complete disconnection to their secondary-school, learning environment. Students expressed feeling discriminated against for being Māori, that there was no empathy or understanding given to their lived realities despite wanting to succeed at school. They felt that their teachers did not make an effort to connect with them describing a power imbalance between the teachers and themselves. The students felt that expectations were low, and that teachers could not be bothered to help them with their work. The student participants attributed this disconnection to the reason for their truancy and behavioural issues. The student narratives on the alternative-education, learning environment described an environment that was: whānau; where teachers worked at a connection and understood their learners; challenging them academically; where the teachers were highly committed to their students; where trust and respect was built; and where one size did not fit all - flexibility was exercised. Students felt that the alternative-education, learning environment provided them with career ambition, and academic confidence resulting in self-efficacy. 

This study provides student voice from a group that was overlooked within the Te Kotahitanga research project (Bishop, Berryman, Tiakiwai, & Richardson, 2003). To hear the voice of alternative education students is important in seeking to improve educational success and enjoyment for Māori priority learners. If we get to know and understand what works for these priority learners, we can then work towards making a difference for them within mainstream education. This study aims to identify the importance of connectedness for Māori students and how connectedness will positively affect Māori learners and their self-efficacy. 


Kia mau ki tō Māoritanga.
Hold fast to your Māori culture.

year: 2017