title: Different kinds of argument for applying property law to resource consents

authors: Barton, Barry

abstract: Two recent Court of Appeal cases present an opportunity for making progress in unravelling some of the puzzles about the extent to which the holder of a Resource Management Act resource consent, such as a water permit, holds property rights. These problems are not unique to the RMA or to New Zealand, and everywhere they involve a difficult interweaving of private law and public law. There is no generally accepted body of law for ascertaining whether the attributes of property ownership attach to permits granted under statutes: B Barton, “Property Rights Created under Statute in Common Law Legal Systems” in A McHarg and others (eds) Property and the Law in Energy and Natural Resources (Oxford University Press, Oxford, 2010) 80–99. But a useful distinction can be drawn between two different purposes to which property arguments can be put, and it provides a basis on which to reconcile two recent cases, Hampton v Canterbury Regional Council (Environment Canterbury) [2015] NZCA 509, and Greenshell New Zealand Ltd (in rec) v Kennedy Bay Mussel Co (NZ) Ltd [2015] NZCA 374, [2016] 2 NZLR 44.

text: Different kinds of argument for applying property law to resource consents Two recent Court of Appeal cases present an opportunity for making progress in unravelling some of the puzzles about the extent to which the holder of a Resource Management Act resource consent, such as a water permit, holds property rights. These problems are not unique to the RMA or to New Zealand, and everywhere they involve a difficult interweaving of private law and public law. There is no generally accepted body of law for ascertaining whether the attributes of property ownership attach to permits granted under statutes: B Barton, “Property Rights Created under Statute in Common Law Legal Systems” in A McHarg and others (eds) Property and the Law in Energy and Natural Resources (Oxford University Press, Oxford, 2010) 80–99. But a useful distinction can be drawn between two different purposes to which property arguments can be put, and it provides a basis on which to reconcile two recent cases, Hampton v Canterbury Regional Council (Environment Canterbury) [2015] NZCA 509, and Greenshell New Zealand Ltd (in rec) v Kennedy Bay Mussel Co (NZ) Ltd [2015] NZCA 374, [2016] 2 NZLR 44.

year: 2016

title: Spontaneous singing in early childhood: An examination of young children’s singing at home

authors: Dean, Bronya

abstract: Spontaneous singing is widely acknowledged as an important part of young children’s everyday musical experience. However, its fleeting and often private nature makes it difficult to study. Research into young children’s singing at home frequently relies on data gathered through parental reporting, and studies are often limited to small sample sizes. In this article, I explore the nature, extent and contexts of spontaneous singing among 15 three- and four-year-old children at home. Continuous audio recording was used to collect naturalistic data during the children’s normal everyday routines. This innovative method resulted in data that could be analysed quantitatively to provide a comprehensive overview of spontaneous singing in young children’s everyday home lives that has so far been missing from the literature. Analysis showed that all the children sang spontaneously. The singing behaviours they displayed were similar to those described in the literature, but contrary to some of the literature, the most prevalent singing behaviours were improvisatory. Spontaneous singing occurred during many everyday activities; however, the strongest influence on singing was found to be the social context in which it took place. The children used different ways of singing when interacting socially or when playing on their own, with most singing occurring when children were on their own, potentially unnoticed by adults.

text: Spontaneous singing in early childhood: An examination of young children’s singing at home Spontaneous singing is widely acknowledged as an important part of young children’s everyday musical experience. However, its fleeting and often private nature makes it difficult to study. Research into young children’s singing at home frequently relies on data gathered through parental reporting, and studies are often limited to small sample sizes. In this article, I explore the nature, extent and contexts of spontaneous singing among 15 three- and four-year-old children at home. Continuous audio recording was used to collect naturalistic data during the children’s normal everyday routines. This innovative method resulted in data that could be analysed quantitatively to provide a comprehensive overview of spontaneous singing in young children’s everyday home lives that has so far been missing from the literature. Analysis showed that all the children sang spontaneously. The singing behaviours they displayed were similar to those described in the literature, but contrary to some of the literature, the most prevalent singing behaviours were improvisatory. Spontaneous singing occurred during many everyday activities; however, the strongest influence on singing was found to be the social context in which it took place. The children used different ways of singing when interacting socially or when playing on their own, with most singing occurring when children were on their own, potentially unnoticed by adults.

year: 2020

title: Decolonizing Lamanite Studies – A Critical and Decolonial Indigenist Perspective

authors: Simon, Hemopereki

abstract: The emergence of Lamanite Studies exemplifies the need for decolonial and Indigenous-centered reevaluations of Mormon–Indigenous relations. This article advocates for the reclamation of Indigenous identity independent of the constraints imposed by Mormon doctrine. The incorporation of Indigenous genealogies into Mormon theology results in epistemic violence, disconnecting Indigenous peoples from their ancestral identities and substituting the latter with the settler/invader colonial construct of “Lamanite”. This paper advocates for the decolonization of Indigenous identities within Mormonism, emphasizing the need for a radical intervention that prioritizes Indigenous sovereignty and self-definition over the maintenance of colonial categories. I present approaches and scholarship in Lamanite Studies that align with Indigenous land and spiritual repatriation, promoting the restoration of Indigenous epistemologies to Indigenous communities. Theoretical colonialism must be supplemented by grassroots initiatives that empower Indigenous communities to reclaim their spiritual and cultural identities.

text: Decolonizing Lamanite Studies – A Critical and Decolonial Indigenist Perspective The emergence of Lamanite Studies exemplifies the need for decolonial and Indigenous-centered reevaluations of Mormon–Indigenous relations. This article advocates for the reclamation of Indigenous identity independent of the constraints imposed by Mormon doctrine. The incorporation of Indigenous genealogies into Mormon theology results in epistemic violence, disconnecting Indigenous peoples from their ancestral identities and substituting the latter with the settler/invader colonial construct of “Lamanite”. This paper advocates for the decolonization of Indigenous identities within Mormonism, emphasizing the need for a radical intervention that prioritizes Indigenous sovereignty and self-definition over the maintenance of colonial categories. I present approaches and scholarship in Lamanite Studies that align with Indigenous land and spiritual repatriation, promoting the restoration of Indigenous epistemologies to Indigenous communities. Theoretical colonialism must be supplemented by grassroots initiatives that empower Indigenous communities to reclaim their spiritual and cultural identities.

year: 2025