title: A Personality study of university students beginning transcendental meditation

authors: Crawford, Bruce Cameron

abstract: Transcendental meditation (TM), as taught by Maharishi Mahesh Yogi, is now being practised by hundreds1 of New Zealand University students. This meditation form, which is defined as "a simple, natural process which involves the progressive refinement of the nervous system through the regular alternation of deep rest and activity" (Katz 1968, p 2) is claimed to be easily taught and universally applicable. 
 From the research point of view it has a number of advantages: 
(1) Large numbers of subjects are being taught at the same time. 
(2) The effects are said to become apparent from the beginning of practice. 
(3) Practice starts at the beginning of a short (4 days) "training" period. 
(4) No concentration or effort of any kind is involved. 
(5) Subject can practice in any comparatively quiet environment for as little as 15 minutes twice a day. 
These considerations allow the practice of transcendental meditation to be scientifically investigated with comparative ease. Physiological measurements on practitioners have already been carried out.

text: A Personality study of university students beginning transcendental meditation Transcendental meditation (TM), as taught by Maharishi Mahesh Yogi, is now being practised by hundreds1 of New Zealand University students. This meditation form, which is defined as "a simple, natural process which involves the progressive refinement of the nervous system through the regular alternation of deep rest and activity" (Katz 1968, p 2) is claimed to be easily taught and universally applicable. 
 From the research point of view it has a number of advantages: 
(1) Large numbers of subjects are being taught at the same time. 
(2) The effects are said to become apparent from the beginning of practice. 
(3) Practice starts at the beginning of a short (4 days) "training" period. 
(4) No concentration or effort of any kind is involved. 
(5) Subject can practice in any comparatively quiet environment for as little as 15 minutes twice a day. 
These considerations allow the practice of transcendental meditation to be scientifically investigated with comparative ease. Physiological measurements on practitioners have already been carried out.

year: 1972

title: Conifer-angiosperm interactions: Physiological ecology and life history.

authors: Lusk, Christopher H.

abstract: Worldwide, conifers are most successful on sites subject to chronic stresses that limit productivity (low temperatures, nutrient poverty, poor drainage). They are poorly represented in the lowland tropics but are often important in Montane tropical forests. Here I explore some functional differences between leaf and xylem traits of conifer and angiosperm trees and their implications for the distributions of these two groups on environmental gradients. Analysis of a global data set shows that compared with angiosperm trees, conifers tend to have longer-lived leaves with greater mass per area (LMA) and lower mass-based photosynthetic capacity. As leaf life span is thought to be the main determinant of nutrient retention time, the prominence of conifers on infertile soils worldwide is at least partly attributable to thrifty use of nutrients through long leaf life spans. Furthermore, because leaf life span correlates with litter decomposition rates, these leaf trait differences could potentially influence the competitive balance between conifers and angiosperms via positive feedbacks on nutrient cycling. Although scaling of leaf life span with LMA is similar in the two groups, angiosperms achieve slightly longer leaf life spans than conifers of similar photosynthetic capacity. This might be caused by less-efficient leaf display in conifers, resulting in the useful life span of leaves being curtailed by self-shading. Representatives of both lineages have narrower conduits in the temperate zone than in the lowland tropics/subtropics, reflecting selection for resistance to freeze-thaw embolism in cold climates. However, conduit diameters of conifers and angiosperm trees differ more in tropical and subtropical forests than at higher latitudes. This probably reflects mechanical constraints on maximum tracheid diameters in the homoxylous wood of conifers, preventing this group from producing the highly conductive wood typical of fast-growing angiosperm pioneers in tropical forests. This pattern might explain why coexistence of conifers and angiosperms is more common in temperate forests and on tropical mountains than in the lowland tropics. Impairment of angiosperm carbon gain by freeze-thaw embolism during cold weather may further narrow performance differences between the two lineages on temperate sites. Differences in canopy residence time probably deserve more attention as a determinant of conifer-angiosperm coexistence in many temperate forests, the longer life span of conifers compensating for infrequent recruitment.

text: Conifer-angiosperm interactions: Physiological ecology and life history. Worldwide, conifers are most successful on sites subject to chronic stresses that limit productivity (low temperatures, nutrient poverty, poor drainage). They are poorly represented in the lowland tropics but are often important in Montane tropical forests. Here I explore some functional differences between leaf and xylem traits of conifer and angiosperm trees and their implications for the distributions of these two groups on environmental gradients. Analysis of a global data set shows that compared with angiosperm trees, conifers tend to have longer-lived leaves with greater mass per area (LMA) and lower mass-based photosynthetic capacity. As leaf life span is thought to be the main determinant of nutrient retention time, the prominence of conifers on infertile soils worldwide is at least partly attributable to thrifty use of nutrients through long leaf life spans. Furthermore, because leaf life span correlates with litter decomposition rates, these leaf trait differences could potentially influence the competitive balance between conifers and angiosperms via positive feedbacks on nutrient cycling. Although scaling of leaf life span with LMA is similar in the two groups, angiosperms achieve slightly longer leaf life spans than conifers of similar photosynthetic capacity. This might be caused by less-efficient leaf display in conifers, resulting in the useful life span of leaves being curtailed by self-shading. Representatives of both lineages have narrower conduits in the temperate zone than in the lowland tropics/subtropics, reflecting selection for resistance to freeze-thaw embolism in cold climates. However, conduit diameters of conifers and angiosperm trees differ more in tropical and subtropical forests than at higher latitudes. This probably reflects mechanical constraints on maximum tracheid diameters in the homoxylous wood of conifers, preventing this group from producing the highly conductive wood typical of fast-growing angiosperm pioneers in tropical forests. This pattern might explain why coexistence of conifers and angiosperms is more common in temperate forests and on tropical mountains than in the lowland tropics. Impairment of angiosperm carbon gain by freeze-thaw embolism during cold weather may further narrow performance differences between the two lineages on temperate sites. Differences in canopy residence time probably deserve more attention as a determinant of conifer-angiosperm coexistence in many temperate forests, the longer life span of conifers compensating for infrequent recruitment.

year: 2011

title: The Application of the "Best Interests" Principle to Maori Children's Collective Cultural Rights: A Conceptual Shift for the New Zealand Family Court?

authors: Macbeth, Steven Alexander

subjects: "collective cultural rights"

abstract: Indigenous Peoples assert their collective rights in a world where Western liberal theory and individual rights dominate. International human rights law, however, increasingly recognises Indigenous Peoples collective rights in addition to their members’ individual rights. In 2007 the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples, which represents the most comprehensive acknowledgement of Indigenous Peoples collective rights within international law. In 2009 the Committee on the Rights of the Child issued under the United Nations Convention on the Rights of the Child General Comment No. 11 “Indigenous children and their rights under the Convention”. The Comment references the United Nations Declaration on the Rights of Indigenous Peoples as providing important guidance on the rights of indigenous children. The Comment provides authoritative guidance to State Parties that the application of the “best interests” principle to indigenous children under the Convention requires the assessment of indigenous children’s collective cultural rights and their need to exercise such rights collectively with members of their group, in addition to the indigenous children’s individual rights. Only then can the best interests of indigenous children be determined. 
As a State Party, New Zealand is obliged to implement the United Nations Convention on the Rights of the Child through legislation, judicial determinations and administrative processes. The best interests principle is already the paramount consideration and touchstone for judicial decision-making under the Children, Young Persons, and Their Families Act 1989 and Care of Children Act 2004. The Family Court of New Zealand (while making some inroads in the 1980s and 90s) has yet, however, to develop a coherent and robust approach to the assessment of Maori children’s collective cultural rights when applying the best interests principle as it is obliged to do. General Comment No. 11 and the United Nations Declaration on the Rights of Indigenous Peoples assist by providing authoritative guidance. They augment New Zealand’s family legislation, common law and social policy, which already acknowledge cultural rights and the collective nature of Maori familial relationships.
This paper looks beyond children’s individual rights and the universal application of such rights. It considers the assessment of Maori children’s collective cultural rights in addition to their individual rights under the best interests principle. Further, it analyses the relevant international and domestic authority the Family Court of New Zealand must consider when applying the best interests principle to Maori children, and the practical realities the recognition of Maori children’s collective cultural rights present. A conceptual shift by the Family Court and counsel is required. This paper urges the Family Court to develop the application of the best interests principle under the Care of Children Act 2004 and the Children Young Persons and Their Families Act 1989 to include the assessment of Maori children’s collective cultural rights in addition to their individual rights. In so doing the common law will reflect New Zealand’s unique history and circumstances, and comply with the United Nations Convention on the Rights of the Child. If it fails to do so, the Family Court risks being the subject of criticism for breaching the Convention, being out of sync with international human rights law, domestic legislation and social policy, and increasingly losing relevancy.

text: The Application of the "Best Interests" Principle to Maori Children's Collective Cultural Rights: A Conceptual Shift for the New Zealand Family Court? Indigenous Peoples assert their collective rights in a world where Western liberal theory and individual rights dominate. International human rights law, however, increasingly recognises Indigenous Peoples collective rights in addition to their members’ individual rights. In 2007 the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples, which represents the most comprehensive acknowledgement of Indigenous Peoples collective rights within international law. In 2009 the Committee on the Rights of the Child issued under the United Nations Convention on the Rights of the Child General Comment No. 11 “Indigenous children and their rights under the Convention”. The Comment references the United Nations Declaration on the Rights of Indigenous Peoples as providing important guidance on the rights of indigenous children. The Comment provides authoritative guidance to State Parties that the application of the “best interests” principle to indigenous children under the Convention requires the assessment of indigenous children’s collective cultural rights and their need to exercise such rights collectively with members of their group, in addition to the indigenous children’s individual rights. Only then can the best interests of indigenous children be determined. 
As a State Party, New Zealand is obliged to implement the United Nations Convention on the Rights of the Child through legislation, judicial determinations and administrative processes. The best interests principle is already the paramount consideration and touchstone for judicial decision-making under the Children, Young Persons, and Their Families Act 1989 and Care of Children Act 2004. The Family Court of New Zealand (while making some inroads in the 1980s and 90s) has yet, however, to develop a coherent and robust approach to the assessment of Maori children’s collective cultural rights when applying the best interests principle as it is obliged to do. General Comment No. 11 and the United Nations Declaration on the Rights of Indigenous Peoples assist by providing authoritative guidance. They augment New Zealand’s family legislation, common law and social policy, which already acknowledge cultural rights and the collective nature of Maori familial relationships.
This paper looks beyond children’s individual rights and the universal application of such rights. It considers the assessment of Maori children’s collective cultural rights in addition to their individual rights under the best interests principle. Further, it analyses the relevant international and domestic authority the Family Court of New Zealand must consider when applying the best interests principle to Maori children, and the practical realities the recognition of Maori children’s collective cultural rights present. A conceptual shift by the Family Court and counsel is required. This paper urges the Family Court to develop the application of the best interests principle under the Care of Children Act 2004 and the Children Young Persons and Their Families Act 1989 to include the assessment of Maori children’s collective cultural rights in addition to their individual rights. In so doing the common law will reflect New Zealand’s unique history and circumstances, and comply with the United Nations Convention on the Rights of the Child. If it fails to do so, the Family Court risks being the subject of criticism for breaching the Convention, being out of sync with international human rights law, domestic legislation and social policy, and increasingly losing relevancy.

year: 2015