title: The Application of the "Best Interests" Principle to Maori Children's Collective Cultural Rights: A Conceptual Shift for the New Zealand Family Court?

authors: Macbeth, Steven Alexander

subjects: "collective cultural rights"

abstract: Indigenous Peoples assert their collective rights in a world where Western liberal theory and individual rights dominate. International human rights law, however, increasingly recognises Indigenous Peoples collective rights in addition to their members’ individual rights. In 2007 the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples, which represents the most comprehensive acknowledgement of Indigenous Peoples collective rights within international law. In 2009 the Committee on the Rights of the Child issued under the United Nations Convention on the Rights of the Child General Comment No. 11 “Indigenous children and their rights under the Convention”. The Comment references the United Nations Declaration on the Rights of Indigenous Peoples as providing important guidance on the rights of indigenous children. The Comment provides authoritative guidance to State Parties that the application of the “best interests” principle to indigenous children under the Convention requires the assessment of indigenous children’s collective cultural rights and their need to exercise such rights collectively with members of their group, in addition to the indigenous children’s individual rights. Only then can the best interests of indigenous children be determined. 
As a State Party, New Zealand is obliged to implement the United Nations Convention on the Rights of the Child through legislation, judicial determinations and administrative processes. The best interests principle is already the paramount consideration and touchstone for judicial decision-making under the Children, Young Persons, and Their Families Act 1989 and Care of Children Act 2004. The Family Court of New Zealand (while making some inroads in the 1980s and 90s) has yet, however, to develop a coherent and robust approach to the assessment of Maori children’s collective cultural rights when applying the best interests principle as it is obliged to do. General Comment No. 11 and the United Nations Declaration on the Rights of Indigenous Peoples assist by providing authoritative guidance. They augment New Zealand’s family legislation, common law and social policy, which already acknowledge cultural rights and the collective nature of Maori familial relationships.
This paper looks beyond children’s individual rights and the universal application of such rights. It considers the assessment of Maori children’s collective cultural rights in addition to their individual rights under the best interests principle. Further, it analyses the relevant international and domestic authority the Family Court of New Zealand must consider when applying the best interests principle to Maori children, and the practical realities the recognition of Maori children’s collective cultural rights present. A conceptual shift by the Family Court and counsel is required. This paper urges the Family Court to develop the application of the best interests principle under the Care of Children Act 2004 and the Children Young Persons and Their Families Act 1989 to include the assessment of Maori children’s collective cultural rights in addition to their individual rights. In so doing the common law will reflect New Zealand’s unique history and circumstances, and comply with the United Nations Convention on the Rights of the Child. If it fails to do so, the Family Court risks being the subject of criticism for breaching the Convention, being out of sync with international human rights law, domestic legislation and social policy, and increasingly losing relevancy.

text: The Application of the "Best Interests" Principle to Maori Children's Collective Cultural Rights: A Conceptual Shift for the New Zealand Family Court? Indigenous Peoples assert their collective rights in a world where Western liberal theory and individual rights dominate. International human rights law, however, increasingly recognises Indigenous Peoples collective rights in addition to their members’ individual rights. In 2007 the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples, which represents the most comprehensive acknowledgement of Indigenous Peoples collective rights within international law. In 2009 the Committee on the Rights of the Child issued under the United Nations Convention on the Rights of the Child General Comment No. 11 “Indigenous children and their rights under the Convention”. The Comment references the United Nations Declaration on the Rights of Indigenous Peoples as providing important guidance on the rights of indigenous children. The Comment provides authoritative guidance to State Parties that the application of the “best interests” principle to indigenous children under the Convention requires the assessment of indigenous children’s collective cultural rights and their need to exercise such rights collectively with members of their group, in addition to the indigenous children’s individual rights. Only then can the best interests of indigenous children be determined. 
As a State Party, New Zealand is obliged to implement the United Nations Convention on the Rights of the Child through legislation, judicial determinations and administrative processes. The best interests principle is already the paramount consideration and touchstone for judicial decision-making under the Children, Young Persons, and Their Families Act 1989 and Care of Children Act 2004. The Family Court of New Zealand (while making some inroads in the 1980s and 90s) has yet, however, to develop a coherent and robust approach to the assessment of Maori children’s collective cultural rights when applying the best interests principle as it is obliged to do. General Comment No. 11 and the United Nations Declaration on the Rights of Indigenous Peoples assist by providing authoritative guidance. They augment New Zealand’s family legislation, common law and social policy, which already acknowledge cultural rights and the collective nature of Maori familial relationships.
This paper looks beyond children’s individual rights and the universal application of such rights. It considers the assessment of Maori children’s collective cultural rights in addition to their individual rights under the best interests principle. Further, it analyses the relevant international and domestic authority the Family Court of New Zealand must consider when applying the best interests principle to Maori children, and the practical realities the recognition of Maori children’s collective cultural rights present. A conceptual shift by the Family Court and counsel is required. This paper urges the Family Court to develop the application of the best interests principle under the Care of Children Act 2004 and the Children Young Persons and Their Families Act 1989 to include the assessment of Maori children’s collective cultural rights in addition to their individual rights. In so doing the common law will reflect New Zealand’s unique history and circumstances, and comply with the United Nations Convention on the Rights of the Child. If it fails to do so, the Family Court risks being the subject of criticism for breaching the Convention, being out of sync with international human rights law, domestic legislation and social policy, and increasingly losing relevancy.

year: 2015

title: He aha te mea nui o te ao? He tāngata! (What is the most important thing in the world? It is people!)

authors: Masters-Awatere, Bridgette

subjects: chronic disease prevention

abstract: This paper highlights the importance of people as a central factor in improving health for M aori (Indigenous people of New Zealand). How wh anau (family) relationships, connections, values and inspiration are integral to achieving Indigenous health goals is explained. Descriptions of how community researchers, healthcare staff, consumers and academics worked together to design interventions for two health services (in the Waikato and Bay of Plenty regions) is included. Through highlighting the experiences of health consumers, the potential for future interventions to reduce the advancement of pre-diabetes among wh anau is described. Evidence from the study interviews reinforces the importance of wh anau and whakapapa (heritage) as enabling factors for Indigenous people to improve health. Specifically, the positive effect of wh anau enhancing activities that support peoples’ aspirations of tino rangatiratanga (self-determination) in their lives when engaging with health care has been observed. This study highlights the many positives that have emerged, and offers an opportunity for taking primary health to the next level by placing wh anau alongside Indigenous primary care providers at the centre of change strategies.

text: He aha te mea nui o te ao? He tāngata! (What is the most important thing in the world? It is people!) This paper highlights the importance of people as a central factor in improving health for M aori (Indigenous people of New Zealand). How wh anau (family) relationships, connections, values and inspiration are integral to achieving Indigenous health goals is explained. Descriptions of how community researchers, healthcare staff, consumers and academics worked together to design interventions for two health services (in the Waikato and Bay of Plenty regions) is included. Through highlighting the experiences of health consumers, the potential for future interventions to reduce the advancement of pre-diabetes among wh anau is described. Evidence from the study interviews reinforces the importance of wh anau and whakapapa (heritage) as enabling factors for Indigenous people to improve health. Specifically, the positive effect of wh anau enhancing activities that support peoples’ aspirations of tino rangatiratanga (self-determination) in their lives when engaging with health care has been observed. This study highlights the many positives that have emerged, and offers an opportunity for taking primary health to the next level by placing wh anau alongside Indigenous primary care providers at the centre of change strategies.

year: 2019

title: Critical analysis of process integration options for joule-cycle and conventional heat pumps

authors: Gai, Limei

abstract: To date, research on heat pumps (HP) has mainly focused on vapour compression heat pumps (VCHP), transcritical heat pumps (TCHP), absorption heat pumps, and their heat integration with processes. Few studies have considered the Joule cycle heat pump (JCHP), which raises several questions. What are the characteristics and specifics of these different heat pumps? How are they different when they integrate with the processes? For different processes, which heat pump is more appropriate? To address these questions, the performance and integration of different types of heat pumps with various processes have been studied through Pinch Methodology. The results show that different heat pumps have their own optimal application range. The new JCHP is suitable for processes in which the temperature changes of source and sink are both massive. The VCHP is more suitable for the source and sink temperatures, which are near-constant. The TCHP is more suitable for sources with small temperature changes and sinks with large temperature changes. This study develops an approach that provides guidance for the selection of heat pumps by applying Process Integration to various combinations of heat pump types and processes. It is shown that the correct choice of heat pump type for each application is of utmost importance, as the Coefficient of Performance can be improved by up to an order of magnitude. By recovering and upgrading process waste heat, heat pumps can save 15-78% of the hot utility depending on the specific process.

text: Critical analysis of process integration options for joule-cycle and conventional heat pumps To date, research on heat pumps (HP) has mainly focused on vapour compression heat pumps (VCHP), transcritical heat pumps (TCHP), absorption heat pumps, and their heat integration with processes. Few studies have considered the Joule cycle heat pump (JCHP), which raises several questions. What are the characteristics and specifics of these different heat pumps? How are they different when they integrate with the processes? For different processes, which heat pump is more appropriate? To address these questions, the performance and integration of different types of heat pumps with various processes have been studied through Pinch Methodology. The results show that different heat pumps have their own optimal application range. The new JCHP is suitable for processes in which the temperature changes of source and sink are both massive. The VCHP is more suitable for the source and sink temperatures, which are near-constant. The TCHP is more suitable for sources with small temperature changes and sinks with large temperature changes. This study develops an approach that provides guidance for the selection of heat pumps by applying Process Integration to various combinations of heat pump types and processes. It is shown that the correct choice of heat pump type for each application is of utmost importance, as the Coefficient of Performance can be improved by up to an order of magnitude. By recovering and upgrading process waste heat, heat pumps can save 15-78% of the hot utility depending on the specific process.

year: 2020