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: A Study of Green Space Access in the Waikato Region

authors: Wackrow, Aidan

abstract: Access to green space provides a wide range of social, economic, health and environmental benefits. However, there are disparities in the ways that people access these benefits. This research aimed to examine how access to green space was spatially distributed across the Waikato region, whether a relationship existed between access to green space and socioeconomic deprivation, and what the planning and policy implications of this were.
In order to quantify access to green space, a Geographic Information System (GIS) analysis was undertaken using the Access to Natural Greenspace Standard (ANGSt) model, an English distance based accessibility measure. The ANGSt model measures how many people meet each of four standards based on travel distance to different sized green spaces. The results of this analysis were compared with New Zealand Deprivation (NZDep) index scores in order to determine if socioeconomic deprivation had any effect on access to green space. Semi- structured interviews were then undertaken in order to ground the results in current planning theory and practice.
The results of the GIS analysis showed that, generally, urban populations had better access to small green spaces within walking distance, while rural populations had better access to large green spaces. This study was unable to find evidence of a relationship between deprivation and green space access.
While most people in the region have access to a green space, there are still areas where access is lacking. Further study is needed in order to better understand the determinants of accessibility and how equitable access to the benefits of nature can be achieved.

text: A Study of Green Space Access in the Waikato Region Access to green space provides a wide range of social, economic, health and environmental benefits. However, there are disparities in the ways that people access these benefits. This research aimed to examine how access to green space was spatially distributed across the Waikato region, whether a relationship existed between access to green space and socioeconomic deprivation, and what the planning and policy implications of this were.
In order to quantify access to green space, a Geographic Information System (GIS) analysis was undertaken using the Access to Natural Greenspace Standard (ANGSt) model, an English distance based accessibility measure. The ANGSt model measures how many people meet each of four standards based on travel distance to different sized green spaces. The results of this analysis were compared with New Zealand Deprivation (NZDep) index scores in order to determine if socioeconomic deprivation had any effect on access to green space. Semi- structured interviews were then undertaken in order to ground the results in current planning theory and practice.
The results of the GIS analysis showed that, generally, urban populations had better access to small green spaces within walking distance, while rural populations had better access to large green spaces. This study was unable to find evidence of a relationship between deprivation and green space access.
While most people in the region have access to a green space, there are still areas where access is lacking. Further study is needed in order to better understand the determinants of accessibility and how equitable access to the benefits of nature can be achieved.

year: 2016

title: The importance of Māori identity for athletes and sportspeople within sporting contexts

authors: Westrupp, Maia Takamoana

subjects: Māori

abstract: Identity is an important concept within psychology given its influence upon how we perceive ourselves, who we are as people, and how it can impact behaviour. For Māori, colonisation has had a detrimental impact on the maintenance and flourishing of a strong cultural identity. Sport is an area where Māori have not only contributed successfully nationally and internationally alongside Pakeha, but have been able to either affirm or rebuild their sense of cultural identity and connectedness. The purpose of this thesis is to examine the importance of Māori identity for athletes and sports people within a sporting context. This research project encompassed a qualitative approach, drawing upon a kaupapa Māori research paradigm. Semi-structured interviews were employed to ascertain in depth knowledge of participant’s experiences. A total of six participants took part in this study, all of whom were made up of athletes, coaches, and sports psychologists. When interpreting participants understanding of Māori identity within a sporting context, participants indicated a desire to configure their Māori identity based on Māori cultural concepts such as whakapapa, manaakitanga, and pēpeha. The key findings also identified a link between Māori identity and sport as participants illustrated how important Māori identity was within their sports team and organisation. Participants also indicated an unconscious link to enhanced sporting behaviours given the essence of Māori identity and the significance it places on serving the collective. Ultimately, for Māori athletes and sports people, the sporting realm offers an opportunity to engage and reaffirm Māori identity. Additionally, the value sporting teams and organisations place on Māori identity, can lead to flourishing in sport given the behaviours that may transpire by connecting the individual beyond purely, the physical domain.

text: The importance of Māori identity for athletes and sportspeople within sporting contexts Identity is an important concept within psychology given its influence upon how we perceive ourselves, who we are as people, and how it can impact behaviour. For Māori, colonisation has had a detrimental impact on the maintenance and flourishing of a strong cultural identity. Sport is an area where Māori have not only contributed successfully nationally and internationally alongside Pakeha, but have been able to either affirm or rebuild their sense of cultural identity and connectedness. The purpose of this thesis is to examine the importance of Māori identity for athletes and sports people within a sporting context. This research project encompassed a qualitative approach, drawing upon a kaupapa Māori research paradigm. Semi-structured interviews were employed to ascertain in depth knowledge of participant’s experiences. A total of six participants took part in this study, all of whom were made up of athletes, coaches, and sports psychologists. When interpreting participants understanding of Māori identity within a sporting context, participants indicated a desire to configure their Māori identity based on Māori cultural concepts such as whakapapa, manaakitanga, and pēpeha. The key findings also identified a link between Māori identity and sport as participants illustrated how important Māori identity was within their sports team and organisation. Participants also indicated an unconscious link to enhanced sporting behaviours given the essence of Māori identity and the significance it places on serving the collective. Ultimately, for Māori athletes and sports people, the sporting realm offers an opportunity to engage and reaffirm Māori identity. Additionally, the value sporting teams and organisations place on Māori identity, can lead to flourishing in sport given the behaviours that may transpire by connecting the individual beyond purely, the physical domain.

year: 2022