title: Are historical perpetual leases on Maori owned land (Native reserves) a basis for currently enforceable fiduciary obligations?

authors: Dimitrov, Dara

subjects: fiduciary obligations

abstract: Colonial perpetual leases over what were once native reserves continue to trouble the New Zealand government. The colonial Public Trust Office was tasked with managing and administering Māori property affairs, with a focus on the administration of the native reserves. However, if the perpetual leases continue to be viewed through the contractual lens, relief for the Māori landowners will not be forthcoming. Therefore, examining the rationale for imposing fiduciary duties upon the colonial Public Trust Office is essential. Where traditional legal fiduciary literature explores the onerous proscriptive duties that bind persons occupying a fiduciary position, this article establishes that the extensive statutory role assigned to colonial Public Trust officers in managing the native reserves for their Māori beneficiaries created a fiduciary relationship. Moreover, this article shows that, when the colonial Public Trust Office exercised its powers, this often led to conflicts of interest with their Māori beneficiaries.

text: Are historical perpetual leases on Maori owned land (Native reserves) a basis for currently enforceable fiduciary obligations? Colonial perpetual leases over what were once native reserves continue to trouble the New Zealand government. The colonial Public Trust Office was tasked with managing and administering Māori property affairs, with a focus on the administration of the native reserves. However, if the perpetual leases continue to be viewed through the contractual lens, relief for the Māori landowners will not be forthcoming. Therefore, examining the rationale for imposing fiduciary duties upon the colonial Public Trust Office is essential. Where traditional legal fiduciary literature explores the onerous proscriptive duties that bind persons occupying a fiduciary position, this article establishes that the extensive statutory role assigned to colonial Public Trust officers in managing the native reserves for their Māori beneficiaries created a fiduciary relationship. Moreover, this article shows that, when the colonial Public Trust Office exercised its powers, this often led to conflicts of interest with their Māori beneficiaries.

year: 2024

title: Assessment of fish populations in Lake Horowhenua, Levin

authors: Tempero, Grant Wayne

subjects: Lake Horowhenua

abstract: Lake Horowhenua (Waipunahau) is of substantial historical, cultural and recreational value to the people of the Horowhenua region. However, water quality and biodiversity within the lake has been in decline for a number of years. As part of lake restoration efforts by Horizons Regional Council and the Lake Horowhenua Trustees, a survey of fish species in Lake Horowhenua was conducted by the University of Waikato using boat electrofishing and fyke netting. A lake restoration plan had previously identified invasive fish species such as koi carp (Cyprinus carpio) and European perch (Perca fluviatilis) as being potential barriers to rehabilitation of the lake. The purpose of this survey was to determine the abundance and diversity of fish species within the lake and to ascertain if pest fish species were present at biomasses high enough to be negatively impacting on lake ecology. Recommendations would then be made as to the potential methods and necessity for pest fish removal.

text: Assessment of fish populations in Lake Horowhenua, Levin Lake Horowhenua (Waipunahau) is of substantial historical, cultural and recreational value to the people of the Horowhenua region. However, water quality and biodiversity within the lake has been in decline for a number of years. As part of lake restoration efforts by Horizons Regional Council and the Lake Horowhenua Trustees, a survey of fish species in Lake Horowhenua was conducted by the University of Waikato using boat electrofishing and fyke netting. A lake restoration plan had previously identified invasive fish species such as koi carp (Cyprinus carpio) and European perch (Perca fluviatilis) as being potential barriers to rehabilitation of the lake. The purpose of this survey was to determine the abundance and diversity of fish species within the lake and to ascertain if pest fish species were present at biomasses high enough to be negatively impacting on lake ecology. Recommendations would then be made as to the potential methods and necessity for pest fish removal.

year: 2013

title: Just because. Constructions in spoken and written New Zealand English

authors: Calude, Andreea S.

abstract: Just because (JB) is widely used and has been a target of commentary and humorous use by English speakers and aroused some interest among linguists, who have investigated its syntax, semantics, and derivation. Some, based on researcher constructed data, have proposed construction analyses (Hirose 1991, Bender and Kathol 2001). Another (Hilpert 2005: 97), using a diachronic corpus, proposes that JB has been grammaticalized as a concessive marker via "the discourse function of inference denial." Our study, based on a corpus of New Zealand written and spoken English, demonstrates, amongst other significant findings, that JB occurs in a far broader set of grammatical contexts than the earlier literature recognizes, that JB constructions are significantly more frequent in spoken than in written English, that JB adverbial clauses are more likely to occur in pre-posed than in post-posed position, that the meaning of just because affects this distribution, that just because is far more likely to be followed by a clause than a prepositional phrase, and that JB constructions are extremely likely to occur in the discourse context of a negator.

text: Just because. Constructions in spoken and written New Zealand English Just because (JB) is widely used and has been a target of commentary and humorous use by English speakers and aroused some interest among linguists, who have investigated its syntax, semantics, and derivation. Some, based on researcher constructed data, have proposed construction analyses (Hirose 1991, Bender and Kathol 2001). Another (Hilpert 2005: 97), using a diachronic corpus, proposes that JB has been grammaticalized as a concessive marker via "the discourse function of inference denial." Our study, based on a corpus of New Zealand written and spoken English, demonstrates, amongst other significant findings, that JB occurs in a far broader set of grammatical contexts than the earlier literature recognizes, that JB constructions are significantly more frequent in spoken than in written English, that JB adverbial clauses are more likely to occur in pre-posed than in post-posed position, that the meaning of just because affects this distribution, that just because is far more likely to be followed by a clause than a prepositional phrase, and that JB constructions are extremely likely to occur in the discourse context of a negator.

year: 2020