title: Finding certainty in determining whether a "De Facto Relationship" exists: An impossible task?

authors: Liao, Zhixiong (Leo)

subjects: De Facto Relationship

abstract: Section 2D(1) of the Property (Relationships) Act 1976 defines a “de facto relationship” as “a relationship between 2 persons … who live together as a couple”. Although the Act does not define “living together as a couple”, section 2D(2) & (3) provides that “[i]n determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including … [a list of 9 matters]” and that none of these 9 matters is “to be regarded necessary” and “a court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate … in the circumstances of the case” (emphases added). The seemingly unfettered discretion of the Court, delegated by section 2D, may be helpful in pursuing a fair and just outcome for each case, but it also raises a great concern as to uncertainty. This paper examines some relevant cases and argues that “mutual commitment to a shared life” should be at the core of section 2D and be the most important test, and by which certainty can be found to a large extent, in determining whether a de facto relationship exists. Accordingly, this paper recommends that amendments should be made to the legislation to aid the interpretation and application of section 2D.

text: Finding certainty in determining whether a "De Facto Relationship" exists: An impossible task? Section 2D(1) of the Property (Relationships) Act 1976 defines a “de facto relationship” as “a relationship between 2 persons … who live together as a couple”. Although the Act does not define “living together as a couple”, section 2D(2) & (3) provides that “[i]n determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including … [a list of 9 matters]” and that none of these 9 matters is “to be regarded necessary” and “a court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate … in the circumstances of the case” (emphases added). The seemingly unfettered discretion of the Court, delegated by section 2D, may be helpful in pursuing a fair and just outcome for each case, but it also raises a great concern as to uncertainty. This paper examines some relevant cases and argues that “mutual commitment to a shared life” should be at the core of section 2D and be the most important test, and by which certainty can be found to a large extent, in determining whether a de facto relationship exists. Accordingly, this paper recommends that amendments should be made to the legislation to aid the interpretation and application of section 2D.

year: 2015

title: Data generation for composite-based structural equation modeling methods

authors: Schlittgen, Rainer

abstract: Examining the efficacy of composite-based structural equation modeling (SEM) features prominently in research. However, studies analyzing the efficacy of corresponding estimators usually rely on factor model data. Thereby, they assess and analyze their performance on erroneous grounds (i.e., factor model data instead of composite model data). A potential reason for this malpractice lies in the lack of available composite model-based data generation procedures for prespecified model parameters in the structural model and the measurements models. Addressing this gap in research, we derive model formulations and present a composite model-based data generation approach. The findings will assist researchers in their composite-based SEM simulation studies.

text: Data generation for composite-based structural equation modeling methods Examining the efficacy of composite-based structural equation modeling (SEM) features prominently in research. However, studies analyzing the efficacy of corresponding estimators usually rely on factor model data. Thereby, they assess and analyze their performance on erroneous grounds (i.e., factor model data instead of composite model data). A potential reason for this malpractice lies in the lack of available composite model-based data generation procedures for prespecified model parameters in the structural model and the measurements models. Addressing this gap in research, we derive model formulations and present a composite model-based data generation approach. The findings will assist researchers in their composite-based SEM simulation studies.

year: 2020

title: New Zealand English and Te Reo Māori: A critical perspective on the loanword narrative using data from translingual picturebooks

authors: Barbour, Julie Renee

subjects: language contact

abstract: Aims/Purpose: New Zealand English has been characterised by the use of vocabulary ‘borrowed’ from the Indigenous Māori language since early contact between English and Māori speakers. In this paper, we consider the relevance of the ‘loanword narrative’ to New Zealand English, examining data from translingual picturebooks published in Aotearoa New Zealand.
Design/Data: We built a small corpus of 10 translingual picturebooks spanning a 30-year period beginning in the early years of Māori language revitalisation.
Analysis: We applied techniques of language analysis from descriptive linguistics, including studies of loanwords.
Findings: We find some evidence of linguistic ‘borrowing’.
Originality: However, in texts created by Māori content creators, with Māori cultural themes, a language practice akin to pedagogical code-switching or pedagogical translanguaging is observed. Māori content creators alternate between languages, treating Māori lexemes as distinct from NZE, preserving Māori orthographic traditions, and providing translation, explanation, or contextual support of Māori lexemes for NZE reader comprehension. Our observations find parallels in translanguaging studies in bilingual early childhood settings, and they are supported by new psycholinguistic research that has identified the development of substantial body of linguistic knowledge about the Māori language by non-Māori speakers through societal exposure.
Significance: We argue that the prevailing loanword narrative does not account for Māori language usage in translingual picturebooks developed by Māori content creators. Rather, we find a clear pattern of differentiation between Māori and NZE.

text: New Zealand English and Te Reo Māori: A critical perspective on the loanword narrative using data from translingual picturebooks Aims/Purpose: New Zealand English has been characterised by the use of vocabulary ‘borrowed’ from the Indigenous Māori language since early contact between English and Māori speakers. In this paper, we consider the relevance of the ‘loanword narrative’ to New Zealand English, examining data from translingual picturebooks published in Aotearoa New Zealand.
Design/Data: We built a small corpus of 10 translingual picturebooks spanning a 30-year period beginning in the early years of Māori language revitalisation.
Analysis: We applied techniques of language analysis from descriptive linguistics, including studies of loanwords.
Findings: We find some evidence of linguistic ‘borrowing’.
Originality: However, in texts created by Māori content creators, with Māori cultural themes, a language practice akin to pedagogical code-switching or pedagogical translanguaging is observed. Māori content creators alternate between languages, treating Māori lexemes as distinct from NZE, preserving Māori orthographic traditions, and providing translation, explanation, or contextual support of Māori lexemes for NZE reader comprehension. Our observations find parallels in translanguaging studies in bilingual early childhood settings, and they are supported by new psycholinguistic research that has identified the development of substantial body of linguistic knowledge about the Māori language by non-Māori speakers through societal exposure.
Significance: We argue that the prevailing loanword narrative does not account for Māori language usage in translingual picturebooks developed by Māori content creators. Rather, we find a clear pattern of differentiation between Māori and NZE.

year: 2025