title: Liability for pollution damage from offshore oil spills: The CLC and fund conventions, the EU's Environmental Liability Directive and their implications for New Zealand law

authors: Farnworth, Steven Edward

subjects: Offshore

abstract: This thesis will apply conventional methods of legal analysis to ask how New Zealand’s offshore petroleum liability regime came to be created from a pair of international shipping liability and fund conventions, and explaining how the EU and Member States developed and implemented the Environmental Liability and Offshore Safety Directives. New Zealand’s government has actively encouraged growth in its offshore petroleum sector in the belief that seabed drilling can be carried out safely and profitably at any depth, and that the owners of offshore petroleum installations will pay administrative penalties and damages to compensate for all oil pollution claims. The recent Deepwater Horizon disaster has had global repercussions for operators and regulators, but has sparked little discussion of legal liability issues in the New Zealand context.  
New Zealand’s offshore petroleum liability regime used two international shipping conventions which had created a system of strict and limited liability for oil pollution damage, channelled to the shipowner, and backed up by mandatory insurance and an industry-fed compensation fund. The shipping conventions became the standard model for many regional and international environmental damage liability regimes, because there is no international offshore liability convention, but New Zealand’s offshore petroleum liability regime has diverged from this ideal. New Zealand sought to capture a broad range of owners and operators of offshore installations in a net of strict and unlimited liability, but without providing adequate mandatory insurance regulations or a compensation fund. Meanwhile, the European Union created its own environmental damage liability regime and only later applied it to offshore oil and gas operators, but also without providing harmonized mandatory insurance regulations or an EU-wide compensation fund. Much like New Zealand, EU Member States have struggled to implement consistent and predictable environmental liability laws, or to develop appropriate financial security guarantees.  
Analysing New Zealand’s offshore petroleum liability regime in this context accomplishes two overall objectives. First, a detailed examination of the international shipping conventions will provide guidance about how New Zealand should interpret, quantify and allocate liability for the key elements of pollution damage liability. Second, the comparison of New Zealand and the EU Member States’ experiences demonstrates the difficulties that nations face in adopting disparate over-arching international or supranational legal frameworks to create domestic statutory liability systems. The discussion has profound implications, not just for the specifics of any one country’s liability laws, but also for future attempts to create a practical and durable regional or international offshore petroleum liability and fund convention.

text: Liability for pollution damage from offshore oil spills: The CLC and fund conventions, the EU's Environmental Liability Directive and their implications for New Zealand law This thesis will apply conventional methods of legal analysis to ask how New Zealand’s offshore petroleum liability regime came to be created from a pair of international shipping liability and fund conventions, and explaining how the EU and Member States developed and implemented the Environmental Liability and Offshore Safety Directives. New Zealand’s government has actively encouraged growth in its offshore petroleum sector in the belief that seabed drilling can be carried out safely and profitably at any depth, and that the owners of offshore petroleum installations will pay administrative penalties and damages to compensate for all oil pollution claims. The recent Deepwater Horizon disaster has had global repercussions for operators and regulators, but has sparked little discussion of legal liability issues in the New Zealand context.  
New Zealand’s offshore petroleum liability regime used two international shipping conventions which had created a system of strict and limited liability for oil pollution damage, channelled to the shipowner, and backed up by mandatory insurance and an industry-fed compensation fund. The shipping conventions became the standard model for many regional and international environmental damage liability regimes, because there is no international offshore liability convention, but New Zealand’s offshore petroleum liability regime has diverged from this ideal. New Zealand sought to capture a broad range of owners and operators of offshore installations in a net of strict and unlimited liability, but without providing adequate mandatory insurance regulations or a compensation fund. Meanwhile, the European Union created its own environmental damage liability regime and only later applied it to offshore oil and gas operators, but also without providing harmonized mandatory insurance regulations or an EU-wide compensation fund. Much like New Zealand, EU Member States have struggled to implement consistent and predictable environmental liability laws, or to develop appropriate financial security guarantees.  
Analysing New Zealand’s offshore petroleum liability regime in this context accomplishes two overall objectives. First, a detailed examination of the international shipping conventions will provide guidance about how New Zealand should interpret, quantify and allocate liability for the key elements of pollution damage liability. Second, the comparison of New Zealand and the EU Member States’ experiences demonstrates the difficulties that nations face in adopting disparate over-arching international or supranational legal frameworks to create domestic statutory liability systems. The discussion has profound implications, not just for the specifics of any one country’s liability laws, but also for future attempts to create a practical and durable regional or international offshore petroleum liability and fund convention.

year: 2018

title: Development of biomaterials from sustainably produced macroalgae feedstocks

authors: Jayasooriya, Nethmie

subjects: cellulose

abstract: Upgrading and maintaining large-scale wastewater treatment plants (WWTPs) is notably expensive, particularly in rural areas of New Zealand. Freshwater macroalgae ponds may offer a cost-effective alternative for wastewater treatment in these areas. These ponds produce significant amounts of residual macroalgae biomass as a by-product of the bioremediation process, which is nutrient-rich and contains valuable biopolymers like cellulose. Utilizing this residual biomass as a substrate for high-value cellulose production is yet to be demonstrated. Therefore, this thesis investigated the potential of utilizing this residual freshwater macroalgae biomass to develop bioproducts (cellulose and biostimulants) aligning with the principles of a circular economy and waste recovery.

The first chapter investigated the dual extraction process of biostimulants and high-purity cellulose from Oedogonium calcareum grown in primary effluent. It introduces an economical and effective extraction method utilizing a hot alkali, which also provides disinfection, ensuring that the biomass is free from pathogens, making it safe for further use. The biostimulant extract was found to be comprised of several plant-promoting substances. Subsequently, the residual biomass was used to extract cellulose, and the quality of this Oedogonium-derived cellulose was assessed to determine its characteristics for potential future use in biocomposites.

In the second chapter, a comparative analysis was conducted on cellulose extracted from four macroalgae species, namely Rhizoclonium sp., Zygnema sp., Oedogonium sp., and Stigeoclonium sp. This research filled a significant gap by providing a detailed characterization of cellulose derived from freshwater macroalgae, which has been less studied compared to cellulose from marine macroalgae. This chapter makes a significant contribution by fully characterizing the physicochemical properties of freshwater macroalgae cellulose, which as a by-product of wastewater treatment, provides an alternative and sustainable source of cellulose with potential future applications in biocomposites.

The final chapter details the development of biocomposite films using poly(3-hydroxybutyrate-co-3-hydroxyvalerate) (PHBV) reinforced with cellulose nanofibers derived from a naturally co-existing mixed algae culture of Cladophora sp. and Rhizoclonium sp. The production and characterization of 2,2,6,6-tetramethyl-1-piperidinyloxy (TEMPO)-oxidized Cellulose NanoFibre (CNF) from these macroalgae was accessed. Additionally, PHBV polymer biocomposite films incorporating either commercially available plant-derived CNF, unmodified algae cellulose, or TEMPO-oxidized CNF were compared. The films were comprehensively characterized, with a focus on their mechanical and thermal properties. The results demonstrated the potential of these biocomposite films for use in applications such as packaging materials, highlighting their environmental and functional benefits.

Overall, this thesis demonstrates significant advancements in the utilization of algae grown in wastewater for the successful extraction of bioproducts. It investigated the efficient recovery and application of macroalgae-derived cellulose and also highlighted the potential of these bio-based materials in enhancing the properties of the PHBV polymer, thus contributing to the development of sustainable biocomposite materials.

text: Development of biomaterials from sustainably produced macroalgae feedstocks Upgrading and maintaining large-scale wastewater treatment plants (WWTPs) is notably expensive, particularly in rural areas of New Zealand. Freshwater macroalgae ponds may offer a cost-effective alternative for wastewater treatment in these areas. These ponds produce significant amounts of residual macroalgae biomass as a by-product of the bioremediation process, which is nutrient-rich and contains valuable biopolymers like cellulose. Utilizing this residual biomass as a substrate for high-value cellulose production is yet to be demonstrated. Therefore, this thesis investigated the potential of utilizing this residual freshwater macroalgae biomass to develop bioproducts (cellulose and biostimulants) aligning with the principles of a circular economy and waste recovery.

The first chapter investigated the dual extraction process of biostimulants and high-purity cellulose from Oedogonium calcareum grown in primary effluent. It introduces an economical and effective extraction method utilizing a hot alkali, which also provides disinfection, ensuring that the biomass is free from pathogens, making it safe for further use. The biostimulant extract was found to be comprised of several plant-promoting substances. Subsequently, the residual biomass was used to extract cellulose, and the quality of this Oedogonium-derived cellulose was assessed to determine its characteristics for potential future use in biocomposites.

In the second chapter, a comparative analysis was conducted on cellulose extracted from four macroalgae species, namely Rhizoclonium sp., Zygnema sp., Oedogonium sp., and Stigeoclonium sp. This research filled a significant gap by providing a detailed characterization of cellulose derived from freshwater macroalgae, which has been less studied compared to cellulose from marine macroalgae. This chapter makes a significant contribution by fully characterizing the physicochemical properties of freshwater macroalgae cellulose, which as a by-product of wastewater treatment, provides an alternative and sustainable source of cellulose with potential future applications in biocomposites.

The final chapter details the development of biocomposite films using poly(3-hydroxybutyrate-co-3-hydroxyvalerate) (PHBV) reinforced with cellulose nanofibers derived from a naturally co-existing mixed algae culture of Cladophora sp. and Rhizoclonium sp. The production and characterization of 2,2,6,6-tetramethyl-1-piperidinyloxy (TEMPO)-oxidized Cellulose NanoFibre (CNF) from these macroalgae was accessed. Additionally, PHBV polymer biocomposite films incorporating either commercially available plant-derived CNF, unmodified algae cellulose, or TEMPO-oxidized CNF were compared. The films were comprehensively characterized, with a focus on their mechanical and thermal properties. The results demonstrated the potential of these biocomposite films for use in applications such as packaging materials, highlighting their environmental and functional benefits.

Overall, this thesis demonstrates significant advancements in the utilization of algae grown in wastewater for the successful extraction of bioproducts. It investigated the efficient recovery and application of macroalgae-derived cellulose and also highlighted the potential of these bio-based materials in enhancing the properties of the PHBV polymer, thus contributing to the development of sustainable biocomposite materials.

year: 2024-07-17

title: Culture and climate change: A study of future-proofing Māori tourism businesses

authors: Tawhai, Crystal Candace

subjects: culture

abstract: This thesis explores how prepared Māori tourism businesses are to adapt to climate change and how Māori values may influence the business's perception of responses to climate change. As climate impacts are growing in New Zealand, as a result of increasing extreme weather events, how can Māori tourism businesses protect their taonga (resources)? Taonga in the context of this study includes Māori values, lands, seas and their businesses. Furthermore, the literature indicates that Māori tourism significantly contributes to the economic, social and cultural wellbeing for Māori and wider New Zealand (NZ Māori Tourism, 2018). 
At a specific level, the study focuses on three Māori tourism businesses. Two of the businesses are North Island-based whānau-owned enterprises, one on Kāpiti Island and the other in Napier. The third is a hapū-owned business located in Kaikoura in the South Island. Drawing on kaupapa Māori frameworks built on Māori struggles for tino rangatiratanga and mana motuhake (self-determination), the study adheres to kaupapa Māori principles of carrying out research by Māori to benefit Māori. The primary data for the study was collected through semi-structured interviews with each of the businesses, taking care to ensure the cultural safety of the participants and using appropriate tikanga (protocol) in each interview. 

The findings of the study show that Māori tourism businesses are adapting to environmental changes but are unsure about the pace of climate change. The uncertainties are due to a lack of access to information and competing priorities within their businesses. The research also shows how decisions made by local government as well as business perceptions of local and central government institutions negatively impacts on the ability of businesses to adapt to climate change. While there were differences in the businesses’ treatment of science and scientific information, all of them prioritised Māori cultural values. Significantly, these values underpin all the activities of the businesses, including, environmental enhancement and protection. An emphasis on Māori values in facilitated partnerships between tourism businesses, government bodies, and other community stakeholders on co-designing climate change adaptation strategies can help the tourism sector to prepare for a changing climate.

text: Culture and climate change: A study of future-proofing Māori tourism businesses This thesis explores how prepared Māori tourism businesses are to adapt to climate change and how Māori values may influence the business's perception of responses to climate change. As climate impacts are growing in New Zealand, as a result of increasing extreme weather events, how can Māori tourism businesses protect their taonga (resources)? Taonga in the context of this study includes Māori values, lands, seas and their businesses. Furthermore, the literature indicates that Māori tourism significantly contributes to the economic, social and cultural wellbeing for Māori and wider New Zealand (NZ Māori Tourism, 2018). 
At a specific level, the study focuses on three Māori tourism businesses. Two of the businesses are North Island-based whānau-owned enterprises, one on Kāpiti Island and the other in Napier. The third is a hapū-owned business located in Kaikoura in the South Island. Drawing on kaupapa Māori frameworks built on Māori struggles for tino rangatiratanga and mana motuhake (self-determination), the study adheres to kaupapa Māori principles of carrying out research by Māori to benefit Māori. The primary data for the study was collected through semi-structured interviews with each of the businesses, taking care to ensure the cultural safety of the participants and using appropriate tikanga (protocol) in each interview. 

The findings of the study show that Māori tourism businesses are adapting to environmental changes but are unsure about the pace of climate change. The uncertainties are due to a lack of access to information and competing priorities within their businesses. The research also shows how decisions made by local government as well as business perceptions of local and central government institutions negatively impacts on the ability of businesses to adapt to climate change. While there were differences in the businesses’ treatment of science and scientific information, all of them prioritised Māori cultural values. Significantly, these values underpin all the activities of the businesses, including, environmental enhancement and protection. An emphasis on Māori values in facilitated partnerships between tourism businesses, government bodies, and other community stakeholders on co-designing climate change adaptation strategies can help the tourism sector to prepare for a changing climate.

year: 2020