title: User-Created Education

authors: Peters, Michael A.

abstract: There is today, in the sciences or in logic, the beginning of a theory of systems said to be open, systems founded upon interactions, that refuse linear causation and transform the notion of time. What Guattari and I call rhizome is precisely the case of an open system. I return to the question: what is philosophy? For the response to this question should be very simple indeed. Everyone knows that philosophy deals with concepts. A system is a set of concepts. An open system—that happens only when concepts are referenced to circumstances or events and no longer to essences.Yet concepts are not ready-made
‘givens’ and have no pre-existence: one needs to invent them, one needs to create them, and there is as much creation and invention in this as there is in art or in science

text: User-Created Education There is today, in the sciences or in logic, the beginning of a theory of systems said to be open, systems founded upon interactions, that refuse linear causation and transform the notion of time. What Guattari and I call rhizome is precisely the case of an open system. I return to the question: what is philosophy? For the response to this question should be very simple indeed. Everyone knows that philosophy deals with concepts. A system is a set of concepts. An open system—that happens only when concepts are referenced to circumstances or events and no longer to essences.Yet concepts are not ready-made
‘givens’ and have no pre-existence: one needs to invent them, one needs to create them, and there is as much creation and invention in this as there is in art or in science

year: 2012

title: Balancing the benefits of overseas investment against the protection of sensitive land: New Zealand’s approach

authors: Williamson, Myra Elsie Jane Bell

subjects: Overseas investment law

abstract: The Government’s economic strategy aims to build a productive, sustainable and inclusive economy. Overseas investment contributes to this when it brings with it new jobs and increases productivity, which is the biggest determinant of people’s living standard in the longer term.” Overseas investment often attracts controversy: there are conflicting opinions on the need for it and way in which it can best be managed. New Zealand has actively encouraged overseas investment since at least 1973 when the Overseas Investment Commission (OIC) was established by the Overseas Investment Act 1973. In the past 47 years, the law pertaining to the management of overseas investment in New Zealand has undergone significant changes, reflecting the changing policies of successive governments. The current entity is the Overseas Investment Office (OIO), which is a regulatory unit within Land Information New Zealand (a government department). The OIO is responsible for administering New Zealand’s overseas investment laws. The OIO is engaged with “realising the benefits of overseas investment, while protecting New Zealand’s sensitive land and assets”, which is a difficult balancing act. The Act states that it is a privilege for overseas persons to own or control sensitive New Zealand assets. New Zealand is a great place to “do business” – currently it’s ranked the best in the world. It’s also a great place in which to invest and New Zealand encourages overseas investment so long as there is a “benefit to New Zealand”. That means, any overseas person wishing to buy sensitive land or business assests must demonstrate that their investment will, or is likely to, benefit New Zealand (or any part of it, or a group of New Zealanders). If the land is over five hectares, then the benefits must be substantial and identifiable. Decision-makers take into account 21 economic, environmental and cultural factors when deciding if the overseas investor passes that test. This test is “unique among global investment screening regimes. Its closest comparator is Canada’s ‘net benefit’ test, but that focuses on economic factors.” This paper will proceed on the assumption that—in accordance with the principles and purposes of comparative law—every legal system has something to learn from every other system; knowing how other legal systems have tackled an issue can inform national lawmaking since virtually all legal systems face the same problems. For international scholars with an interest in overseas investment law, the paper will provide an overview of New Zealand’s approach. The paper will discuss what is meant by “benefit to New Zealand”, a crucial test that any potential “overseas person” must satisfy. The paper will also discuss the recent changes to the meaning of “sensitive land” which now includes all residential land, significant business assets and fishing quota. In a nutshell, overseas persons (or associates of overseas persons) now need prior consent from the OIO before they can purchase sensitive land or business assets. The paper will explain key legislative provisions and some recent court decisions one of which resulted in an order for an overseas person to divest itself of its entire interest in two properties for failure to obtain consent before purchasing, in addition to a substantial civil penalty. Interestingly, getting prior legal advice provides no protection from the OIO’s powers. The overall purpose of this paper is to explain how one jurisdiction (New Zealand) is managing overseas investment and how it seeks to achieve a balance between the benefits and risks.

text: Balancing the benefits of overseas investment against the protection of sensitive land: New Zealand’s approach The Government’s economic strategy aims to build a productive, sustainable and inclusive economy. Overseas investment contributes to this when it brings with it new jobs and increases productivity, which is the biggest determinant of people’s living standard in the longer term.” Overseas investment often attracts controversy: there are conflicting opinions on the need for it and way in which it can best be managed. New Zealand has actively encouraged overseas investment since at least 1973 when the Overseas Investment Commission (OIC) was established by the Overseas Investment Act 1973. In the past 47 years, the law pertaining to the management of overseas investment in New Zealand has undergone significant changes, reflecting the changing policies of successive governments. The current entity is the Overseas Investment Office (OIO), which is a regulatory unit within Land Information New Zealand (a government department). The OIO is responsible for administering New Zealand’s overseas investment laws. The OIO is engaged with “realising the benefits of overseas investment, while protecting New Zealand’s sensitive land and assets”, which is a difficult balancing act. The Act states that it is a privilege for overseas persons to own or control sensitive New Zealand assets. New Zealand is a great place to “do business” – currently it’s ranked the best in the world. It’s also a great place in which to invest and New Zealand encourages overseas investment so long as there is a “benefit to New Zealand”. That means, any overseas person wishing to buy sensitive land or business assests must demonstrate that their investment will, or is likely to, benefit New Zealand (or any part of it, or a group of New Zealanders). If the land is over five hectares, then the benefits must be substantial and identifiable. Decision-makers take into account 21 economic, environmental and cultural factors when deciding if the overseas investor passes that test. This test is “unique among global investment screening regimes. Its closest comparator is Canada’s ‘net benefit’ test, but that focuses on economic factors.” This paper will proceed on the assumption that—in accordance with the principles and purposes of comparative law—every legal system has something to learn from every other system; knowing how other legal systems have tackled an issue can inform national lawmaking since virtually all legal systems face the same problems. For international scholars with an interest in overseas investment law, the paper will provide an overview of New Zealand’s approach. The paper will discuss what is meant by “benefit to New Zealand”, a crucial test that any potential “overseas person” must satisfy. The paper will also discuss the recent changes to the meaning of “sensitive land” which now includes all residential land, significant business assets and fishing quota. In a nutshell, overseas persons (or associates of overseas persons) now need prior consent from the OIO before they can purchase sensitive land or business assets. The paper will explain key legislative provisions and some recent court decisions one of which resulted in an order for an overseas person to divest itself of its entire interest in two properties for failure to obtain consent before purchasing, in addition to a substantial civil penalty. Interestingly, getting prior legal advice provides no protection from the OIO’s powers. The overall purpose of this paper is to explain how one jurisdiction (New Zealand) is managing overseas investment and how it seeks to achieve a balance between the benefits and risks.

year: 2020

title: Ecological modelling of water quality management options in Lake Waahi to support Hauanga Kai species: Technical Report

authors: Allan, Mathew Grant

abstract: This report describes a numerical modelling approach for Lake Waahi to assess the effects of various future scenarios on water quality attributes known to affect the appearance of the lake’s multiple hauanga kai species across differing spatial scales. Hauanga kai refers to customary gathering and use of naturally occurring and cultivated foods. Numerical models were used to support shared learning and development of future scenarios in response to different management options and environmental pressures. The shallow lakes of the Waikato region have been particularly impacted by anthropogenic eutrophication. This is due to the fact that many of these lakes have already undergone a degree of natural eutrophication due to their geomorphic properties, such as their low elevation and shallow depth. The main contributing factors to water quality decline in shallow Waikato lakes have been identified as: high external nutrient and sediment loads, internal loading exacerbated by high sediment resuspension and bioturbation from pest fish (carp), reduced water depth due to installation of water control structures, reduction in wetland filtering potential due to draining, and stock access to wetlands. A 1-D hydrodynamics model, the General Ocean Turbulence Model was coupled to a complex ecological model (PClake) via the Framework for Aquatic Biogeochemical Models (FABM). FABM is an open source FORTAN-based code that facilitates the coupling of hydrodynamic and ecological models. FABM-PCLake is a redesigned PCLake. The consensus from the model simulations carried out in the study suggests that, for Lake Waahi to undergo restoration whereby the lake is restored to clear-water stable state, both external load needs to be reduced significantly by greater than 50%, along with changes in lake ecological structure, resulting from re-establishment of macrophytes aided by the control of carp biomass. These finding supports the general view within the literature that for lake restoration success, external load reduction (catchment load) is critical. Finally, if the ultimate goal of lake restoration in Lake Waahi is to address the decline in tuna (shortfin eel - Anguilla australis) biomass, a return to a clear-water stable state should facilitate improvement in tuna habitat and provide the conditions for development of a healthy eel population. Coupled modelling approaches will provide a more complete picture of potential responses of Hauanga kai species to land and lake management scenarios.

text: Ecological modelling of water quality management options in Lake Waahi to support Hauanga Kai species: Technical Report This report describes a numerical modelling approach for Lake Waahi to assess the effects of various future scenarios on water quality attributes known to affect the appearance of the lake’s multiple hauanga kai species across differing spatial scales. Hauanga kai refers to customary gathering and use of naturally occurring and cultivated foods. Numerical models were used to support shared learning and development of future scenarios in response to different management options and environmental pressures. The shallow lakes of the Waikato region have been particularly impacted by anthropogenic eutrophication. This is due to the fact that many of these lakes have already undergone a degree of natural eutrophication due to their geomorphic properties, such as their low elevation and shallow depth. The main contributing factors to water quality decline in shallow Waikato lakes have been identified as: high external nutrient and sediment loads, internal loading exacerbated by high sediment resuspension and bioturbation from pest fish (carp), reduced water depth due to installation of water control structures, reduction in wetland filtering potential due to draining, and stock access to wetlands. A 1-D hydrodynamics model, the General Ocean Turbulence Model was coupled to a complex ecological model (PClake) via the Framework for Aquatic Biogeochemical Models (FABM). FABM is an open source FORTAN-based code that facilitates the coupling of hydrodynamic and ecological models. FABM-PCLake is a redesigned PCLake. The consensus from the model simulations carried out in the study suggests that, for Lake Waahi to undergo restoration whereby the lake is restored to clear-water stable state, both external load needs to be reduced significantly by greater than 50%, along with changes in lake ecological structure, resulting from re-establishment of macrophytes aided by the control of carp biomass. These finding supports the general view within the literature that for lake restoration success, external load reduction (catchment load) is critical. Finally, if the ultimate goal of lake restoration in Lake Waahi is to address the decline in tuna (shortfin eel - Anguilla australis) biomass, a return to a clear-water stable state should facilitate improvement in tuna habitat and provide the conditions for development of a healthy eel population. Coupled modelling approaches will provide a more complete picture of potential responses of Hauanga kai species to land and lake management scenarios.

year: 2018