title: Domestic Violence and Systemic Deception in the Family Legal  System: A Compelling Case for Truthful Reform

authors: Nakarawa, Jalesi

subjects: domestic violence

abstract: This thesis investigates the law and legal philosophy behind New Zealand’s response to domestic violence. As a feature of common law reasoning, legal fiction, asserting something to be true when it is not true, persists as an important mechanism in judicial fact finding. In family law, the convenient and crucially unrecognised fiction of the “ideal family” which may never have existed continues to drive the family justice system. The failure to be aware of the fiction may undo the justifications for its existence and undermine its utility.
Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these fictions to pursue just ends requires careful considerations to avoid causing real world pathologies.
Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human aggression. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the intended result. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda often distorts our assessment of domestic violence.
The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life we live with. This and only this can provide a sound basis for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.

text: Domestic Violence and Systemic Deception in the Family Legal  System: A Compelling Case for Truthful Reform This thesis investigates the law and legal philosophy behind New Zealand’s response to domestic violence. As a feature of common law reasoning, legal fiction, asserting something to be true when it is not true, persists as an important mechanism in judicial fact finding. In family law, the convenient and crucially unrecognised fiction of the “ideal family” which may never have existed continues to drive the family justice system. The failure to be aware of the fiction may undo the justifications for its existence and undermine its utility.
Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these fictions to pursue just ends requires careful considerations to avoid causing real world pathologies.
Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human aggression. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the intended result. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda often distorts our assessment of domestic violence.
The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life we live with. This and only this can provide a sound basis for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.

year: 2016

title: Mechanical performance and fracture behavior of Fe₄₁Co₇Cr₁₅Mo₁₄Y₂C₁₅B₆ bulk metallic glass

authors: Chen, Qingjun

subjects: mechanical

abstract: The mechanical properties of a new Fe₄₁Co₇Cr₁₅Mo₁₄Y₂C₁₅B₆  bulk glassy alloy were studied by impact bending, compression, and hardness tests carried out at room temperature. The compressive fracture strength, elastic strain to fracture, Young’s modulus and Vickers hardness were measured to be 3.5 GPa, 1.5%, 265 GPa, and 1253 kg mm⁻², respectively. The fracture mode of the glassy alloy under uniaxial compression is different from those of other bulk metallic glasses in that this fracture mode causes the samples to be broken, in an exploding manner, into a large number of micrometer-scale pieces. The fracture mechanisms of this bulk glassy alloy under bending and uniaxial compression are discussed based on the observation of the fracture surfaces. Vickers indentation tests indicate that the structure of the glassy ingot may be inhomogeneous.

text: Mechanical performance and fracture behavior of Fe₄₁Co₇Cr₁₅Mo₁₄Y₂C₁₅B₆ bulk metallic glass The mechanical properties of a new Fe₄₁Co₇Cr₁₅Mo₁₄Y₂C₁₅B₆  bulk glassy alloy were studied by impact bending, compression, and hardness tests carried out at room temperature. The compressive fracture strength, elastic strain to fracture, Young’s modulus and Vickers hardness were measured to be 3.5 GPa, 1.5%, 265 GPa, and 1253 kg mm⁻², respectively. The fracture mode of the glassy alloy under uniaxial compression is different from those of other bulk metallic glasses in that this fracture mode causes the samples to be broken, in an exploding manner, into a large number of micrometer-scale pieces. The fracture mechanisms of this bulk glassy alloy under bending and uniaxial compression are discussed based on the observation of the fracture surfaces. Vickers indentation tests indicate that the structure of the glassy ingot may be inhomogeneous.

year: 2007-02-01

title: Colouring in the White Spaces: Reclaiming Cultural Identity in Whitestream Schools

authors: Milne, Beverley Ann

subjects: Maori education

abstract: If we look at a child’s colouring book, before it has any colour added to it, we think of the page as blank.  It’s actually not blank, it’s white.  That white background is just “there” and we don’t think much about it.  Not only is the background uniformly white, the lines are already in place and they dictate where the colour is allowed to go.  When children are young, they don’t care where they put the colours, but as they get older they colour in more and more cautiously. They learn about the place of colour and the importance of staying within the pre-determined boundaries and expectations. 

This thesis argues that this is the setting for our mainstream, or what I have called, whitestream New Zealand schools — that white background is the norm.   When we talk about multiculturalism and diversity what we are really referring to is the colour of the children, or their difference from that white norm, and how they don’t fit perfectly inside our lines.  If the colour of the space doesn’t change schools are still in the business of assimilation, relegating non-white children to the margins, no matter how many school reform initiatives, new curricula, strategic plans, or mandated standards we implement.  What the schools in this study have tried to do is change the colour of the space – so that the space fits the children and they don’t have to constantly adjust to fit in.  

New Zealand’s education system has been largely silent on the topic of whiteness and the Eurocentric nature of our schooling policy and practice. However, when I talk to senior Māori and Pasifika ‘warrior-scholars” in Te Whānau o Tupuranga and Clover Park Middle School about “white spaces” they have encountered in their schooling experience they can identify them all too easily.  “White spaces,” they explain, are anything you accept as “normal” for Māori – when it’s really not,  any situation that prevents, or works against you “being Māori” or who you are, and that requires you to “be” someone else and leave your beliefs behind. White spaces are spaces that allow you to require less of yourself and that reinforce stereotypes and negative ideas about Māori.  Most telling of all was the comment from a Māori student that goes straight to the root of the problem, “White spaces are everywhere,” she said, “even in your head.”

This thesis describes the 25 year journey of two schools and their community’s determination to resist and reject alienating school environments in favour of a relevant culturally-located, bilingual learning model based in a secure cultural identity, stable positive relationships, and aroha (authentic caring and love).  While the research design is a case study, in terms of western, “white space” academic tradition, it is also a story in terms of kaupapa Māori and critical race methodology. More importantly, it is a counter-story that chronicles the efforts of these two schools to step outside education’s “white spaces” to create new space.  This counter-story is juxtaposed against pervasive, deficit-driven whitestream explanations of “achievement gaps” and the “long tail” of Māori and Pasifika “under-achievement” in New Zealand schools.  In the process of this research the focus shifted from how could Māori and Pasifika learners develop secure cultural identities in mainstream schools, to examining what barriers exist in schools that prevent this from happening already?  As these issues became clear the language of the thesis shifted accordingly; “developing” a cultural identity was reframed as a reclamation of educational sovereignty — the absolute right to “be Māori” or “be Pasifika” in school — and “mainstream” schooling became better understood as the “whitestream.” 

The study hopes to contribute to the journey other schools might take to identify and name their own white spaces, and to make learning equitable for indigenous and minoritised learners.

text: Colouring in the White Spaces: Reclaiming Cultural Identity in Whitestream Schools If we look at a child’s colouring book, before it has any colour added to it, we think of the page as blank.  It’s actually not blank, it’s white.  That white background is just “there” and we don’t think much about it.  Not only is the background uniformly white, the lines are already in place and they dictate where the colour is allowed to go.  When children are young, they don’t care where they put the colours, but as they get older they colour in more and more cautiously. They learn about the place of colour and the importance of staying within the pre-determined boundaries and expectations. 

This thesis argues that this is the setting for our mainstream, or what I have called, whitestream New Zealand schools — that white background is the norm.   When we talk about multiculturalism and diversity what we are really referring to is the colour of the children, or their difference from that white norm, and how they don’t fit perfectly inside our lines.  If the colour of the space doesn’t change schools are still in the business of assimilation, relegating non-white children to the margins, no matter how many school reform initiatives, new curricula, strategic plans, or mandated standards we implement.  What the schools in this study have tried to do is change the colour of the space – so that the space fits the children and they don’t have to constantly adjust to fit in.  

New Zealand’s education system has been largely silent on the topic of whiteness and the Eurocentric nature of our schooling policy and practice. However, when I talk to senior Māori and Pasifika ‘warrior-scholars” in Te Whānau o Tupuranga and Clover Park Middle School about “white spaces” they have encountered in their schooling experience they can identify them all too easily.  “White spaces,” they explain, are anything you accept as “normal” for Māori – when it’s really not,  any situation that prevents, or works against you “being Māori” or who you are, and that requires you to “be” someone else and leave your beliefs behind. White spaces are spaces that allow you to require less of yourself and that reinforce stereotypes and negative ideas about Māori.  Most telling of all was the comment from a Māori student that goes straight to the root of the problem, “White spaces are everywhere,” she said, “even in your head.”

This thesis describes the 25 year journey of two schools and their community’s determination to resist and reject alienating school environments in favour of a relevant culturally-located, bilingual learning model based in a secure cultural identity, stable positive relationships, and aroha (authentic caring and love).  While the research design is a case study, in terms of western, “white space” academic tradition, it is also a story in terms of kaupapa Māori and critical race methodology. More importantly, it is a counter-story that chronicles the efforts of these two schools to step outside education’s “white spaces” to create new space.  This counter-story is juxtaposed against pervasive, deficit-driven whitestream explanations of “achievement gaps” and the “long tail” of Māori and Pasifika “under-achievement” in New Zealand schools.  In the process of this research the focus shifted from how could Māori and Pasifika learners develop secure cultural identities in mainstream schools, to examining what barriers exist in schools that prevent this from happening already?  As these issues became clear the language of the thesis shifted accordingly; “developing” a cultural identity was reframed as a reclamation of educational sovereignty — the absolute right to “be Māori” or “be Pasifika” in school — and “mainstream” schooling became better understood as the “whitestream.” 

The study hopes to contribute to the journey other schools might take to identify and name their own white spaces, and to make learning equitable for indigenous and minoritised learners.

year: 2013