title: Boundaries of absolute protection: distribution of benefit and harm to birds through law and planning in New Zealand

authors: Wallace, Philippa Jane

subjects: Law

abstract: Endemic birds in New Zealand are under threat, and increasingly so, as human activity reshapes the land, reconstitutes the water, consumes space and resources and alters faunal composition. The decline of biodiversity is a pressing concern globally and the unique nature of the endemic fauna of New Zealand provides impetus for concern. 
Examination of the state of birds and analysis of the response of New Zealand law to the agents of decline is the key contribution of this research. The substance and operation of New Zealand law is examined to determine its influence upon the distribution of benefit and burden to New Zealand birds. Six case study birds: the black petrel, dotterel, kokako, godwit, sooty shearwater, and the wrybill are studied to elucidate these matters.
In examining distribution of harm and benefit, a particular focus of the research is upon the degree of care that is applied to protecting birds through the law and related planning instruments. By assessing the principles, criteria and methods applied to protecting birds, the research identifies that an objective of avoidance of harm to indigenous Threatened or At Risk species, their habitats, and ecosystems upon which they depend, will benefit birds. It concludes that conservation status, as opposed to habitat or sectoral dispensation, is an important determinant for application of the standard, as this provides the most consistently protective approach. In addition, it is demonstrated that where uncertainty or ignorance arises as to existence or level of harm, the use of precaution and giving the benefit of the doubt to nature is important for enhancing protection.
New Zealand conservation law is analysed at the international level in conjunction with species and habitat protection at the domestic level. International agreements, the Wildlife Act 1953, the Conservation Act 1987, the Resource Management Act 1991 and related policy and plans are examined. Although at times strongly beneficial, the research concludes that the arrangements made by the law are wanting. An important contribution of the research is to demonstrate the deficiencies, which can be separated into three classes: the problem of standard, the problem of consistency and integration, and the problem of implementation.
These problems constrain the protective force of the law. Fragmentation and lack of a strong and consistent protective standard limit protection of birds against competing social, economic and cultural factors. The law requires revision. Species protection calls for particular attention. The Wildlife Act 1953 maintains a standard of absolute protection of birds, but the research demonstrates the many ways in which this standard is compromised. Greater strategic planning and integration is required, particularly with regard to human development. Interrelationships between the statutes, including that between the Wildlife Act 1953 and the RMA 1991, require addressing. Inadequate implementation of existing law compounds these matters, and the research identifies a range of aspects where gains for species could be made. It concludes with a series of recommendations directed at the identified problems.

Pip Wallace 2014 PhD thesis
pwallace@waikato.ac.nz

text: Boundaries of absolute protection: distribution of benefit and harm to birds through law and planning in New Zealand Endemic birds in New Zealand are under threat, and increasingly so, as human activity reshapes the land, reconstitutes the water, consumes space and resources and alters faunal composition. The decline of biodiversity is a pressing concern globally and the unique nature of the endemic fauna of New Zealand provides impetus for concern. 
Examination of the state of birds and analysis of the response of New Zealand law to the agents of decline is the key contribution of this research. The substance and operation of New Zealand law is examined to determine its influence upon the distribution of benefit and burden to New Zealand birds. Six case study birds: the black petrel, dotterel, kokako, godwit, sooty shearwater, and the wrybill are studied to elucidate these matters.
In examining distribution of harm and benefit, a particular focus of the research is upon the degree of care that is applied to protecting birds through the law and related planning instruments. By assessing the principles, criteria and methods applied to protecting birds, the research identifies that an objective of avoidance of harm to indigenous Threatened or At Risk species, their habitats, and ecosystems upon which they depend, will benefit birds. It concludes that conservation status, as opposed to habitat or sectoral dispensation, is an important determinant for application of the standard, as this provides the most consistently protective approach. In addition, it is demonstrated that where uncertainty or ignorance arises as to existence or level of harm, the use of precaution and giving the benefit of the doubt to nature is important for enhancing protection.
New Zealand conservation law is analysed at the international level in conjunction with species and habitat protection at the domestic level. International agreements, the Wildlife Act 1953, the Conservation Act 1987, the Resource Management Act 1991 and related policy and plans are examined. Although at times strongly beneficial, the research concludes that the arrangements made by the law are wanting. An important contribution of the research is to demonstrate the deficiencies, which can be separated into three classes: the problem of standard, the problem of consistency and integration, and the problem of implementation.
These problems constrain the protective force of the law. Fragmentation and lack of a strong and consistent protective standard limit protection of birds against competing social, economic and cultural factors. The law requires revision. Species protection calls for particular attention. The Wildlife Act 1953 maintains a standard of absolute protection of birds, but the research demonstrates the many ways in which this standard is compromised. Greater strategic planning and integration is required, particularly with regard to human development. Interrelationships between the statutes, including that between the Wildlife Act 1953 and the RMA 1991, require addressing. Inadequate implementation of existing law compounds these matters, and the research identifies a range of aspects where gains for species could be made. It concludes with a series of recommendations directed at the identified problems.

Pip Wallace 2014 PhD thesis
pwallace@waikato.ac.nz

year: 2014

title: Momentum, idiosyncratic volatility and market dynamics: Evidence from China

authors: Cheema, Muhammad A.

abstract: Recent evidence on the relation between momentum and idiosyncratic volatility (IV) in the U.S. is mixed. We verify the relation between momentum and IV in China and find at best, no relation supporting the view that idiosyncratic risk is not a significant arbitrage cost for momentum returns. While the absence of a positive relation between momentum returns and IV rejects both the underreaction and the overconfidence and self-attribution stories of momentum, we find support for the overconfidence and self-attribution story from our results on market dynamics and momentum. Our results are robust when verified in other Asian markets. We also find support for the suggestion that cross-country differences in momentum returns could be the result of differences in market dynamics rather than differences in levels of individualism as suggested earlier in the literature.

text: Momentum, idiosyncratic volatility and market dynamics: Evidence from China Recent evidence on the relation between momentum and idiosyncratic volatility (IV) in the U.S. is mixed. We verify the relation between momentum and IV in China and find at best, no relation supporting the view that idiosyncratic risk is not a significant arbitrage cost for momentum returns. While the absence of a positive relation between momentum returns and IV rejects both the underreaction and the overconfidence and self-attribution stories of momentum, we find support for the overconfidence and self-attribution story from our results on market dynamics and momentum. Our results are robust when verified in other Asian markets. We also find support for the suggestion that cross-country differences in momentum returns could be the result of differences in market dynamics rather than differences in levels of individualism as suggested earlier in the literature.

year: 2017

title: The role of mānuka (Leptospermum scoparium) riparian plantings in the mitigation of diffuse agricultural nitrogen

authors: Adamson, Olivia María

subjects: Manuka

abstract: The disruption of nutrient cycles in agricultural settings, particularly pastoral farming, is responsible for up to 70% of the nitrogen (N) loads entering streams in New Zealand (NZ) — resulting in the widespread degradation of freshwater ecosystems. Riparian plantings are one strategy to mitigate the losses of N from land to water, removing N by denitrification and plant uptake. Some types of vegetation are more effective than others at intercepting N, due to their ecology, impact on soil quality and root exudates. Mānuka (Leptospermum scoparium) is a plant native to NZ, and the species could be a good candidate to mitigate N losses due its ability to tolerate high N loads and co-benefits such as farm diversification through apiculture or essential oil production. Previous work also suggests that L. scoparium could be a biological nitrification inhibitor (BNI), limiting nitrate (NO₃⁻) production in soil.

The aim of this study was to investigate the potential of mānuka to intercept and remove N in an experimental riparian buffer in Lake Waikare. Currently, the lake is eutrophic due to high nutrient and sediment inputs. Significant restoration efforts have been made in recent years, led by many hapuu around the lake. All are very passionate and determined to recover the mauri of this ecosystem and reconnect the people to the lake, as well as provide economic opportunities. The riparian band had been established for four years and was set up as a series of experimental plots with different vegetation types, including plots solely in mānuka, and grassed controls. The plots are on a Perch- Gley Ultic Soil underlain by a slowly permeable clay layer— the Hamilton Ash. Further, the study sought to explore the relationship between soil physical properties and N cycling, and to identify influences expected by the local hydrology— as there was evidence of perching and lateral flow in the site. A series of suction-cup lysimeters were installed and pore water was sampled seven times between May and July 2021. Samples were analysed for total N (TN), total Kjeldahl N (TKN), NO₃⁻ and ammonium (NH₄⁺).

The results show that the riparian buffer is effectively removing N from subsurface flows, with TN declining from an average of 9.32 mg/l at 1 m into the buffer to 2.03 mg/l at 7 m. Although N concentrations were higher under mānuka, the total amount of N extracted from those plots was 21% less due to high rainfall interception by the canopy (63.9%), limiting the transport of the solute. Indicators of soil physical quality, bulk density (ρb) and macroporosity (MP), were investigated as potential causes for differences in the movement of N. There was a 17% improvement in ρb, and 38% improvement in MP relative to 2017 measurements, before the riparian band was established. No appreciable differences in soil physical properties were found between vegetation types at this early stage in the inception of the riparian buffer, although changes are likely to occur as the mānuka trees mature and the impact of roots is more developed. Shallow wells were deployed to monitor the dynamics of the water table, as there was evidence of winter perching. Dip wells demonstrated the existence of a short- lived perched water table, resulting in lateral flow, and likely impacting the degree of soil gleying in different parts of the riparian band. Water and contaminants are likely to move laterally over the Hamilton Ash towards the drain, supported by the accumulation of NO₃⁻ at the boundary with the clay layer.
Future work should be devoted to better quantifying NO₃⁻ leaching from the riparian plot by incorporating a drainage model, as well as further investigating the relative importance of N removal pathways at this site (i.e. denitrification and plant uptake)— including the potential for the lower part of the riparian band, closest to the drain, to become a hotspot for nitrous oxide (N₂O) emissions. It would also be of value to revisit this study in 4-10 years to explore how the buffer impacts soil quality and N dynamics in the subsurface as it matures.

text: The role of mānuka (Leptospermum scoparium) riparian plantings in the mitigation of diffuse agricultural nitrogen The disruption of nutrient cycles in agricultural settings, particularly pastoral farming, is responsible for up to 70% of the nitrogen (N) loads entering streams in New Zealand (NZ) — resulting in the widespread degradation of freshwater ecosystems. Riparian plantings are one strategy to mitigate the losses of N from land to water, removing N by denitrification and plant uptake. Some types of vegetation are more effective than others at intercepting N, due to their ecology, impact on soil quality and root exudates. Mānuka (Leptospermum scoparium) is a plant native to NZ, and the species could be a good candidate to mitigate N losses due its ability to tolerate high N loads and co-benefits such as farm diversification through apiculture or essential oil production. Previous work also suggests that L. scoparium could be a biological nitrification inhibitor (BNI), limiting nitrate (NO₃⁻) production in soil.

The aim of this study was to investigate the potential of mānuka to intercept and remove N in an experimental riparian buffer in Lake Waikare. Currently, the lake is eutrophic due to high nutrient and sediment inputs. Significant restoration efforts have been made in recent years, led by many hapuu around the lake. All are very passionate and determined to recover the mauri of this ecosystem and reconnect the people to the lake, as well as provide economic opportunities. The riparian band had been established for four years and was set up as a series of experimental plots with different vegetation types, including plots solely in mānuka, and grassed controls. The plots are on a Perch- Gley Ultic Soil underlain by a slowly permeable clay layer— the Hamilton Ash. Further, the study sought to explore the relationship between soil physical properties and N cycling, and to identify influences expected by the local hydrology— as there was evidence of perching and lateral flow in the site. A series of suction-cup lysimeters were installed and pore water was sampled seven times between May and July 2021. Samples were analysed for total N (TN), total Kjeldahl N (TKN), NO₃⁻ and ammonium (NH₄⁺).

The results show that the riparian buffer is effectively removing N from subsurface flows, with TN declining from an average of 9.32 mg/l at 1 m into the buffer to 2.03 mg/l at 7 m. Although N concentrations were higher under mānuka, the total amount of N extracted from those plots was 21% less due to high rainfall interception by the canopy (63.9%), limiting the transport of the solute. Indicators of soil physical quality, bulk density (ρb) and macroporosity (MP), were investigated as potential causes for differences in the movement of N. There was a 17% improvement in ρb, and 38% improvement in MP relative to 2017 measurements, before the riparian band was established. No appreciable differences in soil physical properties were found between vegetation types at this early stage in the inception of the riparian buffer, although changes are likely to occur as the mānuka trees mature and the impact of roots is more developed. Shallow wells were deployed to monitor the dynamics of the water table, as there was evidence of winter perching. Dip wells demonstrated the existence of a short- lived perched water table, resulting in lateral flow, and likely impacting the degree of soil gleying in different parts of the riparian band. Water and contaminants are likely to move laterally over the Hamilton Ash towards the drain, supported by the accumulation of NO₃⁻ at the boundary with the clay layer.
Future work should be devoted to better quantifying NO₃⁻ leaching from the riparian plot by incorporating a drainage model, as well as further investigating the relative importance of N removal pathways at this site (i.e. denitrification and plant uptake)— including the potential for the lower part of the riparian band, closest to the drain, to become a hotspot for nitrous oxide (N₂O) emissions. It would also be of value to revisit this study in 4-10 years to explore how the buffer impacts soil quality and N dynamics in the subsurface as it matures.

year: 2021