title: Ecological compensation: an evaluation of regulatory compliance in New Zealand

authors: Brown, Marie Amanda

subjects: Compliance

abstract: Ecological compensation is an example of a trade-off whereby loss of natural values is remedied or offset by a corresponding compensatory action on the same site or elsewhere, determined through the process of Environmental Impact Assessment (EIA). Ecological compensation actions are often criticised for having low levels of compliance: meaning that they are achieved only partially or not at all, while development activity proceeds with much greater certainty. Our research investigated compliance with 245 conditions relating to ecological compensation across 81 case studies across New Zealand under the Resource Management Act 1991. 
Our results show that present tools and practice in New Zealand are not adequately securing the necessary benefits from ecological compensation requirements, with 35.2% of requirements not being achieved. Significant variation in non-compliance with ecological compensation occurs between different activities, applicant types and condition types, while critical variables within the planning process influence levels of compliance. Our research demonstrates the importance of understanding the nature of non-compliance and of providing a consistent and robust decision-making framework for the consideration of ecological compensation in practice

text: Ecological compensation: an evaluation of regulatory compliance in New Zealand Ecological compensation is an example of a trade-off whereby loss of natural values is remedied or offset by a corresponding compensatory action on the same site or elsewhere, determined through the process of Environmental Impact Assessment (EIA). Ecological compensation actions are often criticised for having low levels of compliance: meaning that they are achieved only partially or not at all, while development activity proceeds with much greater certainty. Our research investigated compliance with 245 conditions relating to ecological compensation across 81 case studies across New Zealand under the Resource Management Act 1991. 
Our results show that present tools and practice in New Zealand are not adequately securing the necessary benefits from ecological compensation requirements, with 35.2% of requirements not being achieved. Significant variation in non-compliance with ecological compensation occurs between different activities, applicant types and condition types, while critical variables within the planning process influence levels of compliance. Our research demonstrates the importance of understanding the nature of non-compliance and of providing a consistent and robust decision-making framework for the consideration of ecological compensation in practice

year: 2013

title: Influence of porosity on mechanical behaviour and gas permeability of Ti compacts prepared by slip casting

authors: Xu, Qian

subjects: porous materials

abstract: Porous titanium compacts with porosity in the range of 12.3–35.3 vol% were fabricated by slip casting. Slip casting is emerging to be an attractive process for fabrication of porous titanium products. The mechanical properties, fracture morphology, gas permeability, pore size analysis and pore shape factors for the porous Ti compacts were determined for different porosity levels. A decreasing porosity level resulted in less open porosity and gas permeability, reduced pore size, and an increased tensile stress and elongation. The mechanical properties of porous titanium compacts produced by slip casting were comparable with more conventional press and sintered materials at the same porosity levels. Theoretical models for tensile stress and ductility as a function of porosity were examined and incorporated into the results and differences between the theoretical models and experimental results are discussed. The pore shape factor analysis showed that tensile loading would stretch the pores in the compacts to produce more irregular pores, which were acting as linkage sites to allow the propagation of cracks. Additionally, a novel interconnected pore characterisation method using ammonium meta-tungstate solution is presented. By using backscatter scanning electron microscopy, the interconnected pores can be directly observed.

text: Influence of porosity on mechanical behaviour and gas permeability of Ti compacts prepared by slip casting Porous titanium compacts with porosity in the range of 12.3–35.3 vol% were fabricated by slip casting. Slip casting is emerging to be an attractive process for fabrication of porous titanium products. The mechanical properties, fracture morphology, gas permeability, pore size analysis and pore shape factors for the porous Ti compacts were determined for different porosity levels. A decreasing porosity level resulted in less open porosity and gas permeability, reduced pore size, and an increased tensile stress and elongation. The mechanical properties of porous titanium compacts produced by slip casting were comparable with more conventional press and sintered materials at the same porosity levels. Theoretical models for tensile stress and ductility as a function of porosity were examined and incorporated into the results and differences between the theoretical models and experimental results are discussed. The pore shape factor analysis showed that tensile loading would stretch the pores in the compacts to produce more irregular pores, which were acting as linkage sites to allow the propagation of cracks. Additionally, a novel interconnected pore characterisation method using ammonium meta-tungstate solution is presented. By using backscatter scanning electron microscopy, the interconnected pores can be directly observed.

year: 2013-12

title: Indigenous Peoples and the Protection of Their Secret Knowledge: A Promising Pathway Ahead

authors: Masoni, Claudia

abstract: This work focuses on the intangible, secret aspects of indigenous peoples’ cultures and how such secret information is protected by indigenous guardians or holders. This is because much of indigenous culture is imbued with spiritual significance for indigenous peoples and, consequently, it is not made available to the rest of the community and the world at large.
This thesis examines the reasons why it is important to preserve indigenous cultures and secret practices that today survive in indigenous communities. The thesis demonstrates that secrecy is seen as essential to the preservation of indigenous secret knowledge. Indigenous guardians are responsible for the preservation of the information, and they commonly use secrecy to preserve the knowledge and, when they share it, they choose limited, confidential circumstances to do so. This work argues that it is important to make reasonable space in the existing body of laws which have so far failed to effectively protect indigenous secret practices and information. The case study described in this thesis helps understand how states are currently trying to listen, understand and accommodate indigenous claims brought forward at the national and international fora. The thesis reviews the legal protection currently available to indigenous secret knowledge in national and international law. The first 6 chapters introduce indigenous cultures, holism and indigenous peoples and international law, and chapter 7 describes the New Zealand case Wai 262 and the recommendations given by the Waitangi Tribunal. The remaining chapters analyse indigenous cultures and intellectual property laws, identifying gaps in the existing mechanisms for protection and underlining why, as of today, intellectual property law does not guarantee adequate protection to indigenous secret knowledge. The last chapter analyses the law of breach of confidence as a possible instrument to safeguard indigenous secret information and the duty of care performed by indigenous guardians in preserving such knowledge. It argues that the existing law of confidentiality can usefully evolve to protect cultural secret information as a growing category in its own right and that indigenous secret information can find protection as confidential information.

text: Indigenous Peoples and the Protection of Their Secret Knowledge: A Promising Pathway Ahead This work focuses on the intangible, secret aspects of indigenous peoples’ cultures and how such secret information is protected by indigenous guardians or holders. This is because much of indigenous culture is imbued with spiritual significance for indigenous peoples and, consequently, it is not made available to the rest of the community and the world at large.
This thesis examines the reasons why it is important to preserve indigenous cultures and secret practices that today survive in indigenous communities. The thesis demonstrates that secrecy is seen as essential to the preservation of indigenous secret knowledge. Indigenous guardians are responsible for the preservation of the information, and they commonly use secrecy to preserve the knowledge and, when they share it, they choose limited, confidential circumstances to do so. This work argues that it is important to make reasonable space in the existing body of laws which have so far failed to effectively protect indigenous secret practices and information. The case study described in this thesis helps understand how states are currently trying to listen, understand and accommodate indigenous claims brought forward at the national and international fora. The thesis reviews the legal protection currently available to indigenous secret knowledge in national and international law. The first 6 chapters introduce indigenous cultures, holism and indigenous peoples and international law, and chapter 7 describes the New Zealand case Wai 262 and the recommendations given by the Waitangi Tribunal. The remaining chapters analyse indigenous cultures and intellectual property laws, identifying gaps in the existing mechanisms for protection and underlining why, as of today, intellectual property law does not guarantee adequate protection to indigenous secret knowledge. The last chapter analyses the law of breach of confidence as a possible instrument to safeguard indigenous secret information and the duty of care performed by indigenous guardians in preserving such knowledge. It argues that the existing law of confidentiality can usefully evolve to protect cultural secret information as a growing category in its own right and that indigenous secret information can find protection as confidential information.

year: 2017