title: Cycling Safety in New Zealand: An Analysis of Law and Policy

authors: Purusram, Vashini T.S.

subjects: cycling

abstract: After a number of cyclist deaths over recent years in New Zealand, cycle advocates and policy makers have been pondering the issues relating to safety of cyclists on New Zealand roads. Press reports have highlighted a number of recent cyclist deaths and the subsequent public dismay as to how guilty motorists often walk off with a lenient sentence. There is strong public feeling that, in the absence of an appropriate penalty system, the roads are not safe to cyclists.

The present New Zealand law provides for specific offences and related penalties when the driver, who drives carelessly or dangerously, kills or injures another road user. This thesis investigates whether the law as understood through both the legislative regime and the interpretation of the law by the courts, is sending the right deterrent message against careless or dangerous driving, hence making the roads safer to the cyclist. This is explored through an analysis of the legislative provisions on road safety and their interpretation by the courts in cases of collisions by the careless or dangerous driver and an assessment of the severity of the penalties and consistency of the penalties imposed in similar cases. The study draws on existing literature which indicates that safety, real and perceived, or rather a lack of safety, remains a significant barrier to cycling. It then explores the extent to which road safety is made a top priority on the agenda of different stakeholders, particularly, policy makers, legislators and judges. The study also draws a comparison with the policy and legislative regime in more cycle friendly countries like the Netherlands. The severity of the penalties imposed on the careless or dangerous driver in England is also addressed.

This study concludes that the promotion of road safety is key to a modal shift in New Zealand. To allow this, it is not merely the right policies that are called for, but also for all stakeholders to have a shared contribution.  The study comes up with a number of recommendations that would help pave the way towards law reform with a view to promoting cyclist safety on New Zealand roads.

text: Cycling Safety in New Zealand: An Analysis of Law and Policy After a number of cyclist deaths over recent years in New Zealand, cycle advocates and policy makers have been pondering the issues relating to safety of cyclists on New Zealand roads. Press reports have highlighted a number of recent cyclist deaths and the subsequent public dismay as to how guilty motorists often walk off with a lenient sentence. There is strong public feeling that, in the absence of an appropriate penalty system, the roads are not safe to cyclists.

The present New Zealand law provides for specific offences and related penalties when the driver, who drives carelessly or dangerously, kills or injures another road user. This thesis investigates whether the law as understood through both the legislative regime and the interpretation of the law by the courts, is sending the right deterrent message against careless or dangerous driving, hence making the roads safer to the cyclist. This is explored through an analysis of the legislative provisions on road safety and their interpretation by the courts in cases of collisions by the careless or dangerous driver and an assessment of the severity of the penalties and consistency of the penalties imposed in similar cases. The study draws on existing literature which indicates that safety, real and perceived, or rather a lack of safety, remains a significant barrier to cycling. It then explores the extent to which road safety is made a top priority on the agenda of different stakeholders, particularly, policy makers, legislators and judges. The study also draws a comparison with the policy and legislative regime in more cycle friendly countries like the Netherlands. The severity of the penalties imposed on the careless or dangerous driver in England is also addressed.

This study concludes that the promotion of road safety is key to a modal shift in New Zealand. To allow this, it is not merely the right policies that are called for, but also for all stakeholders to have a shared contribution.  The study comes up with a number of recommendations that would help pave the way towards law reform with a view to promoting cyclist safety on New Zealand roads.

year: 2015

title: You and me and shame

authors: Gillanders, Leah Esme

subjects: Narrative therapy

abstract: This research project investigated the effects of bringing an as-yet-untold story of shame to a narrative therapy counselling conversation. The researcher, who became the client, invited a narrative practitioner to join her in three conversations, a counselling conversation and two interpersonal process recall conversations. The data generated from these conversations as well as the personal research diary kept by the researcher are woven together as research findings, presenting a layered, journeyed account of the movement experienced by the researcher.  
This study noticed the challenges of recognising and speaking stories of shame. Attention is given to noticing vulnerability and the difficulty of speaking stories of shame and also to the role of witnessing in the relationship between the counsellor and the client meeting within a context of shame. 
This autoethnographic account offers itself as practitioner researcher. Knowledges produced in this research highlight the importance of considering first the role of shame in the life of a problem and second how it is to be positioned as a client in a counselling relationship.

text: You and me and shame This research project investigated the effects of bringing an as-yet-untold story of shame to a narrative therapy counselling conversation. The researcher, who became the client, invited a narrative practitioner to join her in three conversations, a counselling conversation and two interpersonal process recall conversations. The data generated from these conversations as well as the personal research diary kept by the researcher are woven together as research findings, presenting a layered, journeyed account of the movement experienced by the researcher.  
This study noticed the challenges of recognising and speaking stories of shame. Attention is given to noticing vulnerability and the difficulty of speaking stories of shame and also to the role of witnessing in the relationship between the counsellor and the client meeting within a context of shame. 
This autoethnographic account offers itself as practitioner researcher. Knowledges produced in this research highlight the importance of considering first the role of shame in the life of a problem and second how it is to be positioned as a client in a counselling relationship.

year: 2017

title: Ka mate ko te mate, ka ora taku toa: Ko ngā matawhāura o te rau tau tekau mā iwa

authors: Murphy, Kane Ēnoka George

subjects: Matawhaura

abstract: Tēnei te urutomo atu ki te rau tau o te tekau mā iwa ki te nanaiore i ngā tai o te Matawhāura i ngaeki ai te whenua i horo ai tuanuku, i horo ai te tangata, i tū ai te rangatiratanga. Ko te kimihanga i te āhua ki te tikanga ki te pakanga, ki te mate te ihoiho, ko te rapunga i te āhua ki ōna neke, ki ōna nuku, ki ōna panoni, ki ōna hounga te whainga. Kei te kapi katoa ki tā te pukapuka, i tā te tuhinga. Wāhia ana kia whā ōna ahoaho, koia, ko te pūtakenga mai o te riri, o te Matawhāura. Muringa iho, ko ngā Matawhāura a te Māori ki te Māori. Ka whāia mai ko ngā riri ki te Pākehā, ā, ko ngā pakanga a te mana poropiti, mutu iho ki te kōtuitui.

Ko te whakaohooho, ko te whakamataara i a Ngāi Māori, i a Ngāi tauiwi otīa, i a Ngāi iwi taketake ki te nōhanga mai o te hītori ki te ahurea o te whenua, ki te ahurea o te tangata, ki ōna tuakiritanga. Ko te whakaariari i te āhua o te tikanga a te pakanga, a te mate me ōna neke i te oma a te wā i roto i te whakaeke a te iwi tini ngerongero ki te unu i te mono o te whenua o te iwi pū taketake. Ko te whakaihiihi i te iwi ka rawakoretia, ka reo koretia, ka whenua koretia, ka tikanga koretia. Ko te whakaatuatu i tā te Māori, i tā te Pākehā ki tā te kupu Māori, ki tā anō te kupu Pākehā.

Ko tōna mutunga iho, ko te whakakitenga ake, ko te whakatinanatanga i te mau tonu a te tikanga ki ngā rohe o te pakanga o te mate, ko te neke māna ko te panoni i ngā wāhi i kitea ai he huarahi ki te ora, he toa, he mau tonu ki tētahi pitonga whenua e huraia mai he tōnuitanga mā ngā uri whakatipu. Ko te hari i te kaupapa mā roto tonu i te reo ake a te kōrero, i te reo ake o te whenua. Ko te takahanga i te ara o te whakarauora i te reo, i te tikanga, i te tuakiri, i te mana Māori motuhake. Ko tōna otinga atu, ko te whakairi ake i ngā mahi a ngā tūpuna e ū ai te tangata whenuatanga e kitea ai ko tā rātou, e pātaia ai, he aha ia tā tātou?

text: Ka mate ko te mate, ka ora taku toa: Ko ngā matawhāura o te rau tau tekau mā iwa Tēnei te urutomo atu ki te rau tau o te tekau mā iwa ki te nanaiore i ngā tai o te Matawhāura i ngaeki ai te whenua i horo ai tuanuku, i horo ai te tangata, i tū ai te rangatiratanga. Ko te kimihanga i te āhua ki te tikanga ki te pakanga, ki te mate te ihoiho, ko te rapunga i te āhua ki ōna neke, ki ōna nuku, ki ōna panoni, ki ōna hounga te whainga. Kei te kapi katoa ki tā te pukapuka, i tā te tuhinga. Wāhia ana kia whā ōna ahoaho, koia, ko te pūtakenga mai o te riri, o te Matawhāura. Muringa iho, ko ngā Matawhāura a te Māori ki te Māori. Ka whāia mai ko ngā riri ki te Pākehā, ā, ko ngā pakanga a te mana poropiti, mutu iho ki te kōtuitui.

Ko te whakaohooho, ko te whakamataara i a Ngāi Māori, i a Ngāi tauiwi otīa, i a Ngāi iwi taketake ki te nōhanga mai o te hītori ki te ahurea o te whenua, ki te ahurea o te tangata, ki ōna tuakiritanga. Ko te whakaariari i te āhua o te tikanga a te pakanga, a te mate me ōna neke i te oma a te wā i roto i te whakaeke a te iwi tini ngerongero ki te unu i te mono o te whenua o te iwi pū taketake. Ko te whakaihiihi i te iwi ka rawakoretia, ka reo koretia, ka whenua koretia, ka tikanga koretia. Ko te whakaatuatu i tā te Māori, i tā te Pākehā ki tā te kupu Māori, ki tā anō te kupu Pākehā.

Ko tōna mutunga iho, ko te whakakitenga ake, ko te whakatinanatanga i te mau tonu a te tikanga ki ngā rohe o te pakanga o te mate, ko te neke māna ko te panoni i ngā wāhi i kitea ai he huarahi ki te ora, he toa, he mau tonu ki tētahi pitonga whenua e huraia mai he tōnuitanga mā ngā uri whakatipu. Ko te hari i te kaupapa mā roto tonu i te reo ake a te kōrero, i te reo ake o te whenua. Ko te takahanga i te ara o te whakarauora i te reo, i te tikanga, i te tuakiri, i te mana Māori motuhake. Ko tōna otinga atu, ko te whakairi ake i ngā mahi a ngā tūpuna e ū ai te tangata whenuatanga e kitea ai ko tā rātou, e pātaia ai, he aha ia tā tātou?

year: 2017