title: Ko Tikanga Te Mātāmua:  ngā pūrākau, ngā pakiwaitara, me mihi, ka tika

authors: Carrucan, Edmond Thomas

subjects: Law

abstract: This study highlights pūrākau and pakiwaitara as legal precedents that can bring Tikanga to life in unique ways. Using Kaupapa Māori and Mana Tāne methodologies, I address two problems within a larger project towards further normalising Tikanga within the legal system and legal education.

The first problem is the key misconception that there are two primary sources of law: statutes and common law. My proposed solution involves reconceiving three primary sources of law: Tikanga, statutes and common law. The second problem is how to source from Tikanga in making legal arguments. My proposed solution encourages story analysis of pūrākau and pakiwaitara and the use of these legal precedents within legal submissions. Accordingly, this study has two purposes.

In embarking on my journey of storytelling, I address the first purpose which is to test whether Tikanga is the first law and supreme law of Aotearoa, as was the seminal proposition of Ani Mikaere. This addresses the key misconception referred to above, that there are only two primary sources of law. Through analysis of Tikanga jurists and Western jurists I conclude Mikaere was right. Tikanga is the supreme law of Aotearoa: Ko Tikanga Te Mātāmua. I propose a new model called Te Whānau Ture as a legal family of three primary law sources representing this finding.

This research then addresses the second purpose in showing how ngā pūrākau me ngā pakiwaitara make valuable contributions to the body of law: me mihi, ka tika. Here, this study proposes a new model called, Whai Matua o Te Ture Māori, a symbolic stingray comprised of fourteen objects of Māori law. Later, I propose a further model Ātea Whakaaro, to enable ethical legal story analysis.

This study responds to (a) indigenising legal education, (b) the inevitability of Tikanga test cases and (c) the current Ao Mārama model. The significance of pūrākau and pakiwaitara in legal settings emerges from this study and a reclaiming of a Māori Legal Method becomes inevitable.

text: Ko Tikanga Te Mātāmua:  ngā pūrākau, ngā pakiwaitara, me mihi, ka tika This study highlights pūrākau and pakiwaitara as legal precedents that can bring Tikanga to life in unique ways. Using Kaupapa Māori and Mana Tāne methodologies, I address two problems within a larger project towards further normalising Tikanga within the legal system and legal education.

The first problem is the key misconception that there are two primary sources of law: statutes and common law. My proposed solution involves reconceiving three primary sources of law: Tikanga, statutes and common law. The second problem is how to source from Tikanga in making legal arguments. My proposed solution encourages story analysis of pūrākau and pakiwaitara and the use of these legal precedents within legal submissions. Accordingly, this study has two purposes.

In embarking on my journey of storytelling, I address the first purpose which is to test whether Tikanga is the first law and supreme law of Aotearoa, as was the seminal proposition of Ani Mikaere. This addresses the key misconception referred to above, that there are only two primary sources of law. Through analysis of Tikanga jurists and Western jurists I conclude Mikaere was right. Tikanga is the supreme law of Aotearoa: Ko Tikanga Te Mātāmua. I propose a new model called Te Whānau Ture as a legal family of three primary law sources representing this finding.

This research then addresses the second purpose in showing how ngā pūrākau me ngā pakiwaitara make valuable contributions to the body of law: me mihi, ka tika. Here, this study proposes a new model called, Whai Matua o Te Ture Māori, a symbolic stingray comprised of fourteen objects of Māori law. Later, I propose a further model Ātea Whakaaro, to enable ethical legal story analysis.

This study responds to (a) indigenising legal education, (b) the inevitability of Tikanga test cases and (c) the current Ao Mārama model. The significance of pūrākau and pakiwaitara in legal settings emerges from this study and a reclaiming of a Māori Legal Method becomes inevitable.

year: 2021

title: Ethnic disparities in breast cancer survival in New Zealand: which factors contribute?

authors: Tin Tin, Sandar

subjects: Breast cancer

abstract: Background: New Zealand has major ethnic disparities in breast cancer survival with Maori (indigenous people) and Pacific women (immigrants or descended from immigrants from Pacific Islands) faring much worse than other ethnic groups. This paper identified underlying factors and assessed their relative contribution to this risk differential. 
Methods: This study involved all women who were diagnosed with primary invasive breast cancer in two health regions, covering about 40% of the national population, between January 2000 and June 2014. Maori and Pacific patients were compared with other ethnic groups in terms of demographics, mode of diagnosis, disease factors and treatment factors. Cox regression modelling was performed with stepwise adjustments, and hazards of excess mortality from breast cancer for Maori and Pacific patients were assessed. 
Results: Of the 13,657 patients who were included in this analysis, 1281 (9.4%) were Maori, and 897 (6.6%) were Pacific women. Compared to other ethnic groups, they were younger, more likely to reside in deprived neighbourhoods and to have co-morbidities, and less likely to be diagnosed through screening and with early stage cancer, to be treated in a private care facility, to receive timely cancer treatment, and to receive breast conserving surgery. They had a higher risk of excess mortality from breast cancer (age and year of diagnosis adjusted hazard ratio: 1.76; 95% CI: 1.51-2.04 for Maori and 1.97; 95% CI: 1.67-2.32 for Pacific women), of which 75% and 99% respectively were explained by baseline differences. The most important contributor was late stage at diagnosis. Other contributors included neighbourhood deprivation, mode of diagnosis, type of health care facility where primary cancer treatment was undertaken and type of loco-regional therapy. 
Conclusions: Late diagnosis, deprivation and differential access to and quality of cancer care services were the key contributors to ethnic disparities in breast cancer survival in New Zealand. Our findings underscore the need for a greater equity focus along the breast cancer care pathway, with an emphasis on improving access to early diagnosis for Maori and Pacific women.

text: Ethnic disparities in breast cancer survival in New Zealand: which factors contribute? Background: New Zealand has major ethnic disparities in breast cancer survival with Maori (indigenous people) and Pacific women (immigrants or descended from immigrants from Pacific Islands) faring much worse than other ethnic groups. This paper identified underlying factors and assessed their relative contribution to this risk differential. 
Methods: This study involved all women who were diagnosed with primary invasive breast cancer in two health regions, covering about 40% of the national population, between January 2000 and June 2014. Maori and Pacific patients were compared with other ethnic groups in terms of demographics, mode of diagnosis, disease factors and treatment factors. Cox regression modelling was performed with stepwise adjustments, and hazards of excess mortality from breast cancer for Maori and Pacific patients were assessed. 
Results: Of the 13,657 patients who were included in this analysis, 1281 (9.4%) were Maori, and 897 (6.6%) were Pacific women. Compared to other ethnic groups, they were younger, more likely to reside in deprived neighbourhoods and to have co-morbidities, and less likely to be diagnosed through screening and with early stage cancer, to be treated in a private care facility, to receive timely cancer treatment, and to receive breast conserving surgery. They had a higher risk of excess mortality from breast cancer (age and year of diagnosis adjusted hazard ratio: 1.76; 95% CI: 1.51-2.04 for Maori and 1.97; 95% CI: 1.67-2.32 for Pacific women), of which 75% and 99% respectively were explained by baseline differences. The most important contributor was late stage at diagnosis. Other contributors included neighbourhood deprivation, mode of diagnosis, type of health care facility where primary cancer treatment was undertaken and type of loco-regional therapy. 
Conclusions: Late diagnosis, deprivation and differential access to and quality of cancer care services were the key contributors to ethnic disparities in breast cancer survival in New Zealand. Our findings underscore the need for a greater equity focus along the breast cancer care pathway, with an emphasis on improving access to early diagnosis for Maori and Pacific women.

year: 2018

title: Work attitudes and well-being among virtual workers

authors: Witzel, Marisa

subjects: virtual work

abstract: The present study examined how certain characteristics of flexible work, the home environment, and the individual impact the outcomes of work-family conflict, job satisfaction, organisational commitment, and psychological strain.  
	A questionnaire measuring perceptions of control, flexibility, job involvement, family involvement, work to family and family to work conflict, organisational commitment, job satisfaction, family support, physical boundaries, workplace isolation, psychological strain, personality, and demographic information was created and posted online.  An email was circulated to 390 virtual sales employees from one large organisation in the United States inviting them to participate in the study, and 278 people responded.  
Results identified characteristics of the type of work, work enivronment, and the individual that are predictive of individual and organisational outcomes. Findings supported hypotheses that control, flexibility, and family support positively impact the outcomes of conflict, satisfaction, and strain for virtual workers.  Job involvement was found as predicted to positively impact work to family conflict, and family involvement was positively related to family to work conflict.  Contrary to predictions, a negative relationship was found between job involvement and strain, suggesting that those who identify more highly with their job also 
experience less strain. Consistent with earlier studies, workplace isolation was associated with reduced job satisfaction and organisational commitment (Marshall, Michaels, and Mulki, 2007). In line with boundary theory (Voydanoff, 2005), it was hypothesised that the presence of physical boundaries between work and non work domains would significantly impact measures of conflict and strain for virtual workers. However, results indicated no significant effects.
A comparison of perceptions of work-family conflict between individuals with children at home and those without illustrated no significant differences between employees with children at home and those without.  Speculated explanations for inconsistent findings are addressed in the discussion chapter.
	Work to family conflict was predicted to mediate the relationship between flexibility and job satisfaction for virtual workers, and analysis supported the presence of partial mediation.  Family to work conflict was also predicted to mediate the flexibility and job satisfaction relationship, however, results were not significant in this case.  Uses of workspace (i.e. for work, leisure, family activities, etc.) were tested as mediator for the relationship between family to work conflict and job satisfaction, and results did not support a mediation effect.  
	In sum, findings of this study identify sources of both positive and negative outcomes for people working from home.  Although individuals' experiences working virtually differ greatly, this study identifies common  
challenges and issues they face.  By pinpointing the sources of conflict, satisfaction, commitment, and strain in the home office, organisations and individuals can take steps to protect workers against negative outcomes, and maximise positive outcomes.  Implications and limitations of this study are discussed in the final chapter.

text: Work attitudes and well-being among virtual workers The present study examined how certain characteristics of flexible work, the home environment, and the individual impact the outcomes of work-family conflict, job satisfaction, organisational commitment, and psychological strain.  
	A questionnaire measuring perceptions of control, flexibility, job involvement, family involvement, work to family and family to work conflict, organisational commitment, job satisfaction, family support, physical boundaries, workplace isolation, psychological strain, personality, and demographic information was created and posted online.  An email was circulated to 390 virtual sales employees from one large organisation in the United States inviting them to participate in the study, and 278 people responded.  
Results identified characteristics of the type of work, work enivronment, and the individual that are predictive of individual and organisational outcomes. Findings supported hypotheses that control, flexibility, and family support positively impact the outcomes of conflict, satisfaction, and strain for virtual workers.  Job involvement was found as predicted to positively impact work to family conflict, and family involvement was positively related to family to work conflict.  Contrary to predictions, a negative relationship was found between job involvement and strain, suggesting that those who identify more highly with their job also 
experience less strain. Consistent with earlier studies, workplace isolation was associated with reduced job satisfaction and organisational commitment (Marshall, Michaels, and Mulki, 2007). In line with boundary theory (Voydanoff, 2005), it was hypothesised that the presence of physical boundaries between work and non work domains would significantly impact measures of conflict and strain for virtual workers. However, results indicated no significant effects.
A comparison of perceptions of work-family conflict between individuals with children at home and those without illustrated no significant differences between employees with children at home and those without.  Speculated explanations for inconsistent findings are addressed in the discussion chapter.
	Work to family conflict was predicted to mediate the relationship between flexibility and job satisfaction for virtual workers, and analysis supported the presence of partial mediation.  Family to work conflict was also predicted to mediate the flexibility and job satisfaction relationship, however, results were not significant in this case.  Uses of workspace (i.e. for work, leisure, family activities, etc.) were tested as mediator for the relationship between family to work conflict and job satisfaction, and results did not support a mediation effect.  
	In sum, findings of this study identify sources of both positive and negative outcomes for people working from home.  Although individuals' experiences working virtually differ greatly, this study identifies common  
challenges and issues they face.  By pinpointing the sources of conflict, satisfaction, commitment, and strain in the home office, organisations and individuals can take steps to protect workers against negative outcomes, and maximise positive outcomes.  Implications and limitations of this study are discussed in the final chapter.

year: 2008