title: Domestic Violence and Systemic Deception in the Family Legal  System: A Compelling Case for Truthful Reform

authors: Nakarawa, Jalesi

subjects: domestic violence

abstract: This thesis investigates the law and legal philosophy behind New Zealand’s response to domestic violence. As a feature of common law reasoning, legal fiction, asserting something to be true when it is not true, persists as an important mechanism in judicial fact finding. In family law, the convenient and crucially unrecognised fiction of the “ideal family” which may never have existed continues to drive the family justice system. The failure to be aware of the fiction may undo the justifications for its existence and undermine its utility.
Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these fictions to pursue just ends requires careful considerations to avoid causing real world pathologies.
Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human aggression. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the intended result. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda often distorts our assessment of domestic violence.
The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life we live with. This and only this can provide a sound basis for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.

text: Domestic Violence and Systemic Deception in the Family Legal  System: A Compelling Case for Truthful Reform This thesis investigates the law and legal philosophy behind New Zealand’s response to domestic violence. As a feature of common law reasoning, legal fiction, asserting something to be true when it is not true, persists as an important mechanism in judicial fact finding. In family law, the convenient and crucially unrecognised fiction of the “ideal family” which may never have existed continues to drive the family justice system. The failure to be aware of the fiction may undo the justifications for its existence and undermine its utility.
Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these fictions to pursue just ends requires careful considerations to avoid causing real world pathologies.
Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human aggression. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the intended result. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda often distorts our assessment of domestic violence.
The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life we live with. This and only this can provide a sound basis for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.

year: 2016

title: Finite-time singularity formation at a magnetic neutral line in Hall magnetohydrodynamics

authors: Litvinenko, Yuri E.

subjects: Finite-time singularities

abstract: The formation of a current sheet in a weakly collisional plasma can be modelled as a finite-time singularity solution of magnetohydrodynamic equations. We use an exact self-similar solution to confirm and generalise a previous finding that, in sharp contrast to two-dimensional solutions in standard MHD, a finite-time collapse to a current sheet can occur in Hall MHD. We derive a criterion for the finite-time singularity in terms of initial conditions, and we use an intermediate asymptotic solution for the evolution of an axial magnetic field to obtain a general expression for the singularity formation time. We illustrate the analytical results by numerical solutions.

text: Finite-time singularity formation at a magnetic neutral line in Hall magnetohydrodynamics The formation of a current sheet in a weakly collisional plasma can be modelled as a finite-time singularity solution of magnetohydrodynamic equations. We use an exact self-similar solution to confirm and generalise a previous finding that, in sharp contrast to two-dimensional solutions in standard MHD, a finite-time collapse to a current sheet can occur in Hall MHD. We derive a criterion for the finite-time singularity in terms of initial conditions, and we use an intermediate asymptotic solution for the evolution of an axial magnetic field to obtain a general expression for the singularity formation time. We illustrate the analytical results by numerical solutions.

year: 2015

title: A case study of Pipiri Ki A Papatūānuku

authors: Tamoko-o-te-rangi, Ormsby

subjects: environmental initiatives

abstract: This thesis is an examination and analysis of the environmental initiative Pipiri Ki A Papatūānuku, co-founded by Waimirirangi Ormsby (née Koopu-Stone) and myself, Tamoko Ormsby. The primary aim of this research was to achieve an understanding of the PKP initiative at the individual level and to inform future collective action at the community level. As such, my primary research question is:

How can Pipiri Ki A Papatūānuku inform community-scale action that contributes to our more-than-human relationship with Papatūānuku within our current capitalist settler-colonial context?

The study is part-autoethnographic in that it is informed by my personal reflections and experiences as a co-founder, operator, and participant of the initiative. In addition, the study explores the number of participants who signed up yearly for each action and employs a brief descriptive analysis of the initiative.

The literature review explores how common Western notions of environmentalism are devoid of the spiritual, cultural, and relational aspects present within indigenous and Māori knowledge systems. It touches on the histories of capitalism and colonialism and how these have led to the consumptogenic society we are in. It aims to illustrate the nexus between the Māori and Western Eurocentric worlds.

He Whatu is the framework that has emerged from this case study as the means to respond to the primary research question. The framework was developed by analyzing the key themes of PKP over the years 2017 to 2021. He Whatu has five key elements: Identity, Language, Distance, Practicality, and Influence; each with three subcategories. It is activated through provoking key conversations to inform future community action.

text: A case study of Pipiri Ki A Papatūānuku This thesis is an examination and analysis of the environmental initiative Pipiri Ki A Papatūānuku, co-founded by Waimirirangi Ormsby (née Koopu-Stone) and myself, Tamoko Ormsby. The primary aim of this research was to achieve an understanding of the PKP initiative at the individual level and to inform future collective action at the community level. As such, my primary research question is:

How can Pipiri Ki A Papatūānuku inform community-scale action that contributes to our more-than-human relationship with Papatūānuku within our current capitalist settler-colonial context?

The study is part-autoethnographic in that it is informed by my personal reflections and experiences as a co-founder, operator, and participant of the initiative. In addition, the study explores the number of participants who signed up yearly for each action and employs a brief descriptive analysis of the initiative.

The literature review explores how common Western notions of environmentalism are devoid of the spiritual, cultural, and relational aspects present within indigenous and Māori knowledge systems. It touches on the histories of capitalism and colonialism and how these have led to the consumptogenic society we are in. It aims to illustrate the nexus between the Māori and Western Eurocentric worlds.

He Whatu is the framework that has emerged from this case study as the means to respond to the primary research question. The framework was developed by analyzing the key themes of PKP over the years 2017 to 2021. He Whatu has five key elements: Identity, Language, Distance, Practicality, and Influence; each with three subcategories. It is activated through provoking key conversations to inform future community action.

year: 2023