title: An Interface between science and law:  What is science for members of New Zealand's Environment Court?

authors: Forret, Joan Boyce

subjects: scientific evidence

abstract: This study investigates the interface between science and law with reference to models of science described by members of New Zealand's Environment Court.  The aim of the research is to identify differences and consistencies between the members of the Court in the way that they articulate their understanding of science and of scientific evidence.  This research also aims to locate those individual models of science within a wider philosophical discourse concerning the nature of science.

The research adopts a qualitative and interpretive approach that focuses on understanding the detail of contextual interactions arising from interviews with eight Environment Judges and 13 Commissioners.  The interview group comprised all of the judges of the Court during the research period (1999 - 2000) and all but one permanent Commissioner.

The analysis of interviews show a wide range of views concerning the scope and nature of science.  Criteria significant to each individual's model of science have been identified as a series of micro themes.  Those micro themes differ between individuals as to the combinations of criteria significant when locating the boundary between science and non-science.

The analysis of interviews also identifies three macro themes that describe whether and how individuals differentiate science, technology and expertise.  That analysis identifies a group of interviewees, comprising both judges and commissioners, that equates science with expertise without distinction as to any knowledge component or process considerations.  The analysis of interview responses adopts a boundary-work approach that identifies how individuals locate the boundary between science and non-science through their articulation of the micro themes significant to their model of science.

The study contributes to the discourse concerning the relationship of science and law within modern society.  That discourse commonly addresses the appropriate legal framework to assess questions involving scientific expertise and invariably describes the legal process and the role of expert and decision maker within that process.  However, that discourse rarely articulates the meaning of the terms science, scientist, or technology, assuming that science is a self-evident concept, its meaning having universal application and acceptance.  This research challenges that approach and identifies wide differences in the models of science held by individual decision makers and differences in their expectations of evidence from expert witnesses.

Aside from the implications of the research results for the discourse concerning the relationship of science and law, this research also has practical implications for the evaluation of expert scientific evidence within an adversarial system of law, and for expert evidence before the Environment Court.  Suggestions to improve communication both within the Court and between the Court and parties appearing before it are made with a view to identifying consistent and fair expectations of experts and their evidence.

text: An Interface between science and law:  What is science for members of New Zealand's Environment Court? This study investigates the interface between science and law with reference to models of science described by members of New Zealand's Environment Court.  The aim of the research is to identify differences and consistencies between the members of the Court in the way that they articulate their understanding of science and of scientific evidence.  This research also aims to locate those individual models of science within a wider philosophical discourse concerning the nature of science.

The research adopts a qualitative and interpretive approach that focuses on understanding the detail of contextual interactions arising from interviews with eight Environment Judges and 13 Commissioners.  The interview group comprised all of the judges of the Court during the research period (1999 - 2000) and all but one permanent Commissioner.

The analysis of interviews show a wide range of views concerning the scope and nature of science.  Criteria significant to each individual's model of science have been identified as a series of micro themes.  Those micro themes differ between individuals as to the combinations of criteria significant when locating the boundary between science and non-science.

The analysis of interviews also identifies three macro themes that describe whether and how individuals differentiate science, technology and expertise.  That analysis identifies a group of interviewees, comprising both judges and commissioners, that equates science with expertise without distinction as to any knowledge component or process considerations.  The analysis of interview responses adopts a boundary-work approach that identifies how individuals locate the boundary between science and non-science through their articulation of the micro themes significant to their model of science.

The study contributes to the discourse concerning the relationship of science and law within modern society.  That discourse commonly addresses the appropriate legal framework to assess questions involving scientific expertise and invariably describes the legal process and the role of expert and decision maker within that process.  However, that discourse rarely articulates the meaning of the terms science, scientist, or technology, assuming that science is a self-evident concept, its meaning having universal application and acceptance.  This research challenges that approach and identifies wide differences in the models of science held by individual decision makers and differences in their expectations of evidence from expert witnesses.

Aside from the implications of the research results for the discourse concerning the relationship of science and law, this research also has practical implications for the evaluation of expert scientific evidence within an adversarial system of law, and for expert evidence before the Environment Court.  Suggestions to improve communication both within the Court and between the Court and parties appearing before it are made with a view to identifying consistent and fair expectations of experts and their evidence.

year: 2006

title: Using groundwater for hydro electric power generation

authors: Bardsley, W. Earl

subjects: groundwater

abstract: Controlled groundwater abstraction could be used to offset the effects of drought by augmenting river discharge for power generation during times of low natural flows, such as occurred in New Zealand during the winter of 1992. Augmenting river discharge with groundwater reduces the impact of a drought by spreading its effect over the recovery time of the aquifer. Groundwater could be introduced as an operational component for hydro generation in various ways. Fast-recovery aquifers might be operated as part of a normal daily hydro electric water storage and release. Existing hydro lakes might have their storage capacity increased by extending horizontal bores into the country from the lake shorelines, or by diverting any lake spillage onto artificial recharge zones. Water from deep pumped bores in vertical transmissive fault or shatter zones could augment mountain rivers for power generation. Flows might be augmented in low-relief regions by extensive fields of standard pumped bores. New kinds of hydro scheme that would allow power generation from sites where ecological or physical constraints prevent the usual forms of hydro development may be feasible. New Zealand localities for possible operational use of groundwater include the Mackenzie Basin and associated headwaters, the Volcanic Plateau, the Taupo region, and Westland. Small stand-alone groundwater power schemes may be possible in Campbell Island, the Chatham Islands, Great Barrier Island and Stewart Island.

text: Using groundwater for hydro electric power generation Controlled groundwater abstraction could be used to offset the effects of drought by augmenting river discharge for power generation during times of low natural flows, such as occurred in New Zealand during the winter of 1992. Augmenting river discharge with groundwater reduces the impact of a drought by spreading its effect over the recovery time of the aquifer. Groundwater could be introduced as an operational component for hydro generation in various ways. Fast-recovery aquifers might be operated as part of a normal daily hydro electric water storage and release. Existing hydro lakes might have their storage capacity increased by extending horizontal bores into the country from the lake shorelines, or by diverting any lake spillage onto artificial recharge zones. Water from deep pumped bores in vertical transmissive fault or shatter zones could augment mountain rivers for power generation. Flows might be augmented in low-relief regions by extensive fields of standard pumped bores. New kinds of hydro scheme that would allow power generation from sites where ecological or physical constraints prevent the usual forms of hydro development may be feasible. New Zealand localities for possible operational use of groundwater include the Mackenzie Basin and associated headwaters, the Volcanic Plateau, the Taupo region, and Westland. Small stand-alone groundwater power schemes may be possible in Campbell Island, the Chatham Islands, Great Barrier Island and Stewart Island.

year: 1995

title: Māori cultural definitions of sexual violence.

authors: Pihama, Leonie

abstract: Exploring definitions of sexual violence in Aotearoa highlights that on the whole such definitions are located within dominant Pākehā frameworks that do not provide adequately for understanding the context of sexual violence for Māori. As such Māori working in the area of healing the trauma of sexual violence have been developing frameworks which are enabling of culturally defined understandings and traditional knowledge as a basis by which to understand sexual violence in Aotearoa. Informed by te reo and tikanga Māori (Māori language and culture) Māori healers, social workers and health providers have moved beyond western definitions and have highlighted the link between acts of sexual violence and the violence of colonial invasion. This article explores Māori perspectives of the origins and impacts of sexual violence for Māori and advocates for Kaupapa Māori and decolonising approaches to be more fully supported and engaged in dealing with these issues within our communities.

text: Māori cultural definitions of sexual violence. Exploring definitions of sexual violence in Aotearoa highlights that on the whole such definitions are located within dominant Pākehā frameworks that do not provide adequately for understanding the context of sexual violence for Māori. As such Māori working in the area of healing the trauma of sexual violence have been developing frameworks which are enabling of culturally defined understandings and traditional knowledge as a basis by which to understand sexual violence in Aotearoa. Informed by te reo and tikanga Māori (Māori language and culture) Māori healers, social workers and health providers have moved beyond western definitions and have highlighted the link between acts of sexual violence and the violence of colonial invasion. This article explores Māori perspectives of the origins and impacts of sexual violence for Māori and advocates for Kaupapa Māori and decolonising approaches to be more fully supported and engaged in dealing with these issues within our communities.

year: 2016