title: The reasonable expectation of privacy

authors: Karunaratne, K D Thilini Prathiba

subjects: Privacy

abstract: It is increasingly recognised that privacy is an inherent human value, interest and a right that is worthy of legal protection.  Privacy is no longer simply about being let alone ‘in one’s home’, rather the concept of privacy has evolved in a broader sense and is recongised to be an entitlement of an individual even in public spaces.   
 
With increased surveillance by both state and non-state actors, privacy is more important than ever before.  Various countries across the globe have declared privacy as a constitutional right that must be protected, and in countries where a constitutional right does not exist, the judiciary has stepped in to declare privacy as a right.  Unfortunately, in New Zealand there is no general right to privacy.  Rather, there are specific legal protections that safeguard certain aspects of an individual’s privacy.  For example, certain offences created in the Crimes Act 1961 protects bodily privacy and informational privacy is protected under the Privacy Act 1993.   
 
The New Zealand judiciary has also taken firm stances by creating two privacy torts, namely, tort of publication of private facts and intrusion into seclusion.  However, the question remains whether there is a general right to privacy in New Zealand outside of these privacy protections.  This is precisely what this thesis seeks to answer by looking closer at the concept of reasonable expectation of privacy.  The judiciary has repeatedly used this concept when addressing privacy breaches.  The continued use of this concept is important.  But why?  
 
Rather than just a mere test, the reasonable expectation of privacy has been attributed by the courts as an ‘entitlement’ of the individual. The courts have interpreted and applied the reasonable expectation of privacy in a range of case law such as privacy trots, search and surveillance, and other areas of the law including broadcasting matters.  The courts have found that an individual’s reasonable expectation of privacy can be breached, and subsequent remedies are available.  This thesis argues that the frequent and sustained use of reasonable expectation of privacy as an entitlement that deserves protection by the common law, is without a doubt sufficient to be an expression or an embodiment of a general right to privacy in New Zealand.

text: The reasonable expectation of privacy It is increasingly recognised that privacy is an inherent human value, interest and a right that is worthy of legal protection.  Privacy is no longer simply about being let alone ‘in one’s home’, rather the concept of privacy has evolved in a broader sense and is recongised to be an entitlement of an individual even in public spaces.   
 
With increased surveillance by both state and non-state actors, privacy is more important than ever before.  Various countries across the globe have declared privacy as a constitutional right that must be protected, and in countries where a constitutional right does not exist, the judiciary has stepped in to declare privacy as a right.  Unfortunately, in New Zealand there is no general right to privacy.  Rather, there are specific legal protections that safeguard certain aspects of an individual’s privacy.  For example, certain offences created in the Crimes Act 1961 protects bodily privacy and informational privacy is protected under the Privacy Act 1993.   
 
The New Zealand judiciary has also taken firm stances by creating two privacy torts, namely, tort of publication of private facts and intrusion into seclusion.  However, the question remains whether there is a general right to privacy in New Zealand outside of these privacy protections.  This is precisely what this thesis seeks to answer by looking closer at the concept of reasonable expectation of privacy.  The judiciary has repeatedly used this concept when addressing privacy breaches.  The continued use of this concept is important.  But why?  
 
Rather than just a mere test, the reasonable expectation of privacy has been attributed by the courts as an ‘entitlement’ of the individual. The courts have interpreted and applied the reasonable expectation of privacy in a range of case law such as privacy trots, search and surveillance, and other areas of the law including broadcasting matters.  The courts have found that an individual’s reasonable expectation of privacy can be breached, and subsequent remedies are available.  This thesis argues that the frequent and sustained use of reasonable expectation of privacy as an entitlement that deserves protection by the common law, is without a doubt sufficient to be an expression or an embodiment of a general right to privacy in New Zealand.

year: 2020

title: Attribution of 2022 early-spring heatwave in India and Pakistan to climate change: lessons in assessing vulnerability and preparedness in reducing impacts

authors: Zachariah, Mariam

abstract: In March 2022, large parts over the north Indian plains including the breadbasket region, and southern Pakistan began experiencing prolonged heat, which continued into May. The event was exacerbated due to prevailing dry conditions in the region, resulting in devastating consequences for public health and agriculture. Using event attribution methods, we analyse the role of human-induced climate change in altering the chances of such an event. To capture the extent of the impacts, we choose March-April average of daily maximum temperature over the most affected region in India and Pakistan as the variable. In observations, the 2022 event has a return period of ~1-in-100 years. For each of the climate models, we then calculate the change in probability and intensity of a 1-in-100 year event between the actual and counterfactual worlds for quantifying the role of climate change. We estimate that human-caused climate change made this heatwave about 1°C hotter and 30 times more likely in the current, 2022 climate, as compared to the 1.2 °C cooler, pre-industrial climate. Under a future global warming of 2°C above pre-industrial levels, heatwaves like this are expected to become even more common (2–20 times more likely) and hotter (by 0-1.5°C) compared to now. Stronger and frequent heat waves in the future will impact vulnerable groups as conditions in some regions exceed limits for human survivability. Therefore, mitigation is essential for avoiding loss of lives and livelihood. Heat Action Plans (HAPs) have proved effective to help reduce heat-related mortality in both countries.

text: Attribution of 2022 early-spring heatwave in India and Pakistan to climate change: lessons in assessing vulnerability and preparedness in reducing impacts In March 2022, large parts over the north Indian plains including the breadbasket region, and southern Pakistan began experiencing prolonged heat, which continued into May. The event was exacerbated due to prevailing dry conditions in the region, resulting in devastating consequences for public health and agriculture. Using event attribution methods, we analyse the role of human-induced climate change in altering the chances of such an event. To capture the extent of the impacts, we choose March-April average of daily maximum temperature over the most affected region in India and Pakistan as the variable. In observations, the 2022 event has a return period of ~1-in-100 years. For each of the climate models, we then calculate the change in probability and intensity of a 1-in-100 year event between the actual and counterfactual worlds for quantifying the role of climate change. We estimate that human-caused climate change made this heatwave about 1°C hotter and 30 times more likely in the current, 2022 climate, as compared to the 1.2 °C cooler, pre-industrial climate. Under a future global warming of 2°C above pre-industrial levels, heatwaves like this are expected to become even more common (2–20 times more likely) and hotter (by 0-1.5°C) compared to now. Stronger and frequent heat waves in the future will impact vulnerable groups as conditions in some regions exceed limits for human survivability. Therefore, mitigation is essential for avoiding loss of lives and livelihood. Heat Action Plans (HAPs) have proved effective to help reduce heat-related mortality in both countries.

year: 2023

title: From mainstream to manaaki: Indigenising our approach to immigration

authors: Kukutai, Tahu

abstract: In recent years, discontent with migration and migrants in the wealthy global north has manifested in disturbing ways: cue Brexit, xenophobia, border paranoia, far-right nationalism and its bedfellow white supremacy. On the surface, Aotearoa New Zealand appears to have escaped the uglier aspects of this nativism. Despite the grumblings of the New Zealand First Party, no serious popular or political anti-immigration movement has appeared, and racially motivated attacks against migrants are relatively rare. This is despite the fact that Aotearoa has a much higher relative foreign-born population share than the United States or United Kingdom,1 and ‘superdiverse’ Auckland – which comprises at least 40 per cent migrants – now has the ignominious claim to being the fourthleast affordable city in the world, far outstripping London and New York.

text: From mainstream to manaaki: Indigenising our approach to immigration In recent years, discontent with migration and migrants in the wealthy global north has manifested in disturbing ways: cue Brexit, xenophobia, border paranoia, far-right nationalism and its bedfellow white supremacy. On the surface, Aotearoa New Zealand appears to have escaped the uglier aspects of this nativism. Despite the grumblings of the New Zealand First Party, no serious popular or political anti-immigration movement has appeared, and racially motivated attacks against migrants are relatively rare. This is despite the fact that Aotearoa has a much higher relative foreign-born population share than the United States or United Kingdom,1 and ‘superdiverse’ Auckland – which comprises at least 40 per cent migrants – now has the ignominious claim to being the fourthleast affordable city in the world, far outstripping London and New York.

year: 2017