title: Royal Mines

authors: Barton, Barry

abstract: Cadia Holdings Pty Ltd v New South Wales [2010] HCA 27, 25 August 2010, comes hard on the heels of Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35 as another reconsideration of deeply-embedded law about mining and the use of the subsurface. The Cadia mines, near Orange, are on land owned by Cadia and its parent Newcrest. Neither the Crown grants nor the lands legislation of the time had reserved minerals to the Crown. But under the prerogative, as laid down in the Case of Mines (1568) 1 Plowden 310, 75 ER 472, mines of gold and silver belong to the Crown; and so do all ores or mines of copper, or other base metal, containing or bearing gold and silver. 
Cadia held mining leases under the Mining Act 1992 of New South Wales, which allows the Minister to grant mining leases over privately-owned minerals as well as public. But where in such cases the Minister receives royalties for privately owned minerals, he or she must pay seven-eighths to the owner. 
The problem is that many mineral deposits contain mixtures; silver-lead-zinc deposits are common, and so are copper-gold deposits. The Cadia mines are a copper-gold deposit. The two elements could not be mined separately, and could be separated only during processing. The State refused to pay the seven-eighths royalty collected on the copper, because the mines could not fairly be described as a copper mine. The Court of Appeal agreed.

text: Royal Mines Cadia Holdings Pty Ltd v New South Wales [2010] HCA 27, 25 August 2010, comes hard on the heels of Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35 as another reconsideration of deeply-embedded law about mining and the use of the subsurface. The Cadia mines, near Orange, are on land owned by Cadia and its parent Newcrest. Neither the Crown grants nor the lands legislation of the time had reserved minerals to the Crown. But under the prerogative, as laid down in the Case of Mines (1568) 1 Plowden 310, 75 ER 472, mines of gold and silver belong to the Crown; and so do all ores or mines of copper, or other base metal, containing or bearing gold and silver. 
Cadia held mining leases under the Mining Act 1992 of New South Wales, which allows the Minister to grant mining leases over privately-owned minerals as well as public. But where in such cases the Minister receives royalties for privately owned minerals, he or she must pay seven-eighths to the owner. 
The problem is that many mineral deposits contain mixtures; silver-lead-zinc deposits are common, and so are copper-gold deposits. The Cadia mines are a copper-gold deposit. The two elements could not be mined separately, and could be separated only during processing. The State refused to pay the seven-eighths royalty collected on the copper, because the mines could not fairly be described as a copper mine. The Court of Appeal agreed.

year: 2010

title: Heteronormativity and early childhood education: Social justice and some puzzling queries.

authors: Gunn, Alexandra Claire

subjects: Early childhood education

abstract: This thesis investigated the discursive production of heteronormativity in the  historical and present day contexts of early childhood education in Aotearoa New Zealand.  A Foucauldian genealogical investigation of early childhood policy and documents revealed how heteronormative discourses shaped understandings in early childhood education in the twentieth century.  Then a study of practices as accounted for and produced in focus group interviews showed how heteronormative discourses were confirmed and resisted in the present day.  
 
The thesis argues that the locus of heteronormativity in early childhood education centres on constructions of the family, of genders and of sexualities.  It sought to investigate whether heteronormative discourses were shaping practices in early childhood education, and if so how.  Following the writing of a genealogy of heteronormativity in early childhood education, the fieldwork of the study entailed three rounds of focus group interviews with queer teacher, queer ally and teacher educator participants.  Discussions in the interviews were provoked by dilemmas of heterosexism, homophobia and heteronormativity in early childhood settings.  Participants were asked to talk about what they thought was occurring in the dilemmas and they were also asked to share examples of practices from their own professional lives where same-sex sexualities had been troubled or affirmed. 
 
The texts produced from the focus group interviews were read the same way as the historical and policy and documents.  Foucault's discourse analysis combined with questions from Davies' (1994) study of teaching practices, and queer theory provided a theoretical framework through which I was able to explore relations between constructions of genders, families, and sexualities; concepts of insiders and outsiders; and notions of power.  A queer turn in the project enlarged the focus of the study to investigate how heteronormative discourse might have been shaping the research interviews too.  A discourse of silence along with a discourse of risk was interpreted as contributing to heteronormativity in this work.  A strategy designed to assist teachers to interrupt heteronormativity was explored.  It allowed teachers to bring together ideas and concepts that would constitute families and parents in ways inclusive of and broader to the (hetero)norm.  
 
In the study, teachers, children and parents were shown to draw on (hetero)normalising discourses in their interactions with each other in early childhood education.  Such activity limited opportunities for valid alternative options to heterosexuality to be known.  This meant that heterosexuality was repeatedly constituted as dominant and normative, thus supporting heteronormativity.  Constructions of genders, families and sexualities in the study were regularly shaped by traditional and essentialising discourses that positioned heterosexual sexuality as normal and non-heterosexual sexualities as not.  These in combination with other discourses, such as a discourse of developmentalism, provided few opportunities for non-heterosexual sexualities to be recognised, valued and included in early childhood education. The extent to which socially just and inclusive policy aims in early childhood education might therefore be met in practice, could be seriously questioned.  
 
However, examples of practices that worked to expand opportunities for the recognition of diverse families and sexualities in early childhood education were also documented.  These provided evidence that some teachers, parents and children in some circumstances can and do access and use discourses of social justice, family and sexual diversity, inclusion and human rights.  Sustained access to these was not documented, in fact, discourses of social justice, family and sexual diversity, and inclusion were often immediately countered by limiting and (hetero)normalising responses.  The thesis concludes with suggestions as to how such processes might be explored and challenged so that more teachers, more children, more families can enjoy recognition and welcome in early childhood education settings designed to include.

text: Heteronormativity and early childhood education: Social justice and some puzzling queries. This thesis investigated the discursive production of heteronormativity in the  historical and present day contexts of early childhood education in Aotearoa New Zealand.  A Foucauldian genealogical investigation of early childhood policy and documents revealed how heteronormative discourses shaped understandings in early childhood education in the twentieth century.  Then a study of practices as accounted for and produced in focus group interviews showed how heteronormative discourses were confirmed and resisted in the present day.  
 
The thesis argues that the locus of heteronormativity in early childhood education centres on constructions of the family, of genders and of sexualities.  It sought to investigate whether heteronormative discourses were shaping practices in early childhood education, and if so how.  Following the writing of a genealogy of heteronormativity in early childhood education, the fieldwork of the study entailed three rounds of focus group interviews with queer teacher, queer ally and teacher educator participants.  Discussions in the interviews were provoked by dilemmas of heterosexism, homophobia and heteronormativity in early childhood settings.  Participants were asked to talk about what they thought was occurring in the dilemmas and they were also asked to share examples of practices from their own professional lives where same-sex sexualities had been troubled or affirmed. 
 
The texts produced from the focus group interviews were read the same way as the historical and policy and documents.  Foucault's discourse analysis combined with questions from Davies' (1994) study of teaching practices, and queer theory provided a theoretical framework through which I was able to explore relations between constructions of genders, families, and sexualities; concepts of insiders and outsiders; and notions of power.  A queer turn in the project enlarged the focus of the study to investigate how heteronormative discourse might have been shaping the research interviews too.  A discourse of silence along with a discourse of risk was interpreted as contributing to heteronormativity in this work.  A strategy designed to assist teachers to interrupt heteronormativity was explored.  It allowed teachers to bring together ideas and concepts that would constitute families and parents in ways inclusive of and broader to the (hetero)norm.  
 
In the study, teachers, children and parents were shown to draw on (hetero)normalising discourses in their interactions with each other in early childhood education.  Such activity limited opportunities for valid alternative options to heterosexuality to be known.  This meant that heterosexuality was repeatedly constituted as dominant and normative, thus supporting heteronormativity.  Constructions of genders, families and sexualities in the study were regularly shaped by traditional and essentialising discourses that positioned heterosexual sexuality as normal and non-heterosexual sexualities as not.  These in combination with other discourses, such as a discourse of developmentalism, provided few opportunities for non-heterosexual sexualities to be recognised, valued and included in early childhood education. The extent to which socially just and inclusive policy aims in early childhood education might therefore be met in practice, could be seriously questioned.  
 
However, examples of practices that worked to expand opportunities for the recognition of diverse families and sexualities in early childhood education were also documented.  These provided evidence that some teachers, parents and children in some circumstances can and do access and use discourses of social justice, family and sexual diversity, inclusion and human rights.  Sustained access to these was not documented, in fact, discourses of social justice, family and sexual diversity, and inclusion were often immediately countered by limiting and (hetero)normalising responses.  The thesis concludes with suggestions as to how such processes might be explored and challenged so that more teachers, more children, more families can enjoy recognition and welcome in early childhood education settings designed to include.

year: 2008

title: Leadership: Going beyond personal will and professional skills to give life to Ka Hikitia

authors: Berryman, Mere

subjects: education policy

abstract: This paper investigates the Ka Hikitia Māori education policy and its subsequent influence in effecting system change towards Māori students’ achievement. It discusses how a Request for Proposal to the Ministry of Education’s Building on Success was conceptualised to support English-medium secondary schools across New Zealand to address this policy. The result, Kia Eke Panuku, is a professional learning and development response that works with Strategic Change Leadership Teams to create culturally responsive and relational contexts for learning, focused on Māori students enjoying and achieving educational success as Māori. It is argued that neither a political mandate for change nor a set of learned strategies by school personnel will truly bring about a changed reality for Māori students. Rather the reform must be led by transformative leaders who are driven by both the moral imperative to change and a keen sense of urgency to see this happen in our schools for Māori students and their home communities.
The major issues raised in this paper, and the solutions that have been reached thus far, can help inform others who are trying to raise the participation, inclusion and achievement of students who may currently be marginalised from formal education settings.

text: Leadership: Going beyond personal will and professional skills to give life to Ka Hikitia This paper investigates the Ka Hikitia Māori education policy and its subsequent influence in effecting system change towards Māori students’ achievement. It discusses how a Request for Proposal to the Ministry of Education’s Building on Success was conceptualised to support English-medium secondary schools across New Zealand to address this policy. The result, Kia Eke Panuku, is a professional learning and development response that works with Strategic Change Leadership Teams to create culturally responsive and relational contexts for learning, focused on Māori students enjoying and achieving educational success as Māori. It is argued that neither a political mandate for change nor a set of learned strategies by school personnel will truly bring about a changed reality for Māori students. Rather the reform must be led by transformative leaders who are driven by both the moral imperative to change and a keen sense of urgency to see this happen in our schools for Māori students and their home communities.
The major issues raised in this paper, and the solutions that have been reached thus far, can help inform others who are trying to raise the participation, inclusion and achievement of students who may currently be marginalised from formal education settings.

year: 2015