title: Creating public dialogue: bridging the divide between television policymakers and citizens

authors: Macbeth, Rose M. S.

abstract: This thesis identifies a lack of public participation in both the historical and contemporary communication dimensions of New Zealand’s media regulation. It illustrates how this situation is evident even in policies such as the Codes of Practice which dictate programme standards for broadcast television. The thesis then argues this situation can be resolved and shows how Citizens’ Juries can act as dialogue bridges between media organisations and citizen representatives to enable community opinion to inform and benchmark policy decisions. 

The research programme first considers the twin narratives of social power and the restrictions of public participation in policy dialogue. This is addressed through data gathered from a series of literature reviews of the historical development of New Zealand’s press and broadcasting services. An additional review clarified the impact of British and American socioeconomic principals in the regulatory policies of New Zealand media, especially television broadcasting. Interviews with television officials and researchers in Britain and America informed this investigative review which disclosed a triangulation of influences in New Zealand media models. 

The thesis is framed in the context of an “action research” programme designed to specifically address the historic lack of public dialogue evident even in television policies that have a widespread community impact. The study confirms the documented ability of “action research” inquiry to provide large quantities of rich descriptive data and to generate new theoretical insights. A list of fifteen characteristics applicable to an action research study aimed at organisational change is used to validate this study’s methodology. The action research inquiry method closely matches this type of exploratory problem-solving research, as it requires interdisciplinary theoretical scanning. This proved beneficial as it enabled specific interacting theories to be located to precisely explain the social issues and situations that can emerge in a programme designed to resolve a real-world issue in a complex social setting. The action inquiry method also acknowledges the value of practice-based knowledge and other informal experiences that contribute to this research programme.

As the preface relates, reflections about the action steps (part of the action research inquiry structure) were shown to increase understanding and theoretical insights, and propel the research process forward. These “active thinking” phases led to an investigation of the Citizens’ Jury methodology, its international practice and the planning of the Waikato Citizens’ Jury. In this event 12 Waikato residents debated the “good taste and decency” Code of Practice for Free-To-Air television with a number of television experts, including broadcasting executives, Broadcasting Standards Authority staff members, academic researchers and different aged television viewers. The thesis provides a rationale for the design and operation of the Waikato Citizens’ Jury as well as its evaluation procedures. The EPPT (Equal Preparation Participation Time) formula was an outcome of the Waikato Citizens’ Jury held from 2-4 July 1999.The formula components are designed to act as a policy guideline for the management of public dialogue events between policy-makers and citizen representatives. 

This study contends that the Citizens’ Jury model is a more ethical, and valuable public opinion gathering method than the polling theoretical methods in present widespread use, as its practice engages both parties in a process of informed face to face dialogue. The Jury structure works to equalise the normally asymmetrical relationship between policy-makers and citizens. The thesis asserts that the Waikato Citizens’ Jury demonstrates both a solution to the dialogue divide between television policymakers and citizens, and the problem of resolving public participation in New Zealand media regulatory practices. It also demonstrates action research displays the tenets of sound scientific research practice and the success of the EPPT dialogue formula in action. The thesis ends by concluding that New Zealand media organisations due to their persistent refusal to consult directly with citizens, especially about policies with a widespread community impact, exhibit a syndrome the author terms “institutional NIMBYism”.

text: Creating public dialogue: bridging the divide between television policymakers and citizens This thesis identifies a lack of public participation in both the historical and contemporary communication dimensions of New Zealand’s media regulation. It illustrates how this situation is evident even in policies such as the Codes of Practice which dictate programme standards for broadcast television. The thesis then argues this situation can be resolved and shows how Citizens’ Juries can act as dialogue bridges between media organisations and citizen representatives to enable community opinion to inform and benchmark policy decisions. 

The research programme first considers the twin narratives of social power and the restrictions of public participation in policy dialogue. This is addressed through data gathered from a series of literature reviews of the historical development of New Zealand’s press and broadcasting services. An additional review clarified the impact of British and American socioeconomic principals in the regulatory policies of New Zealand media, especially television broadcasting. Interviews with television officials and researchers in Britain and America informed this investigative review which disclosed a triangulation of influences in New Zealand media models. 

The thesis is framed in the context of an “action research” programme designed to specifically address the historic lack of public dialogue evident even in television policies that have a widespread community impact. The study confirms the documented ability of “action research” inquiry to provide large quantities of rich descriptive data and to generate new theoretical insights. A list of fifteen characteristics applicable to an action research study aimed at organisational change is used to validate this study’s methodology. The action research inquiry method closely matches this type of exploratory problem-solving research, as it requires interdisciplinary theoretical scanning. This proved beneficial as it enabled specific interacting theories to be located to precisely explain the social issues and situations that can emerge in a programme designed to resolve a real-world issue in a complex social setting. The action inquiry method also acknowledges the value of practice-based knowledge and other informal experiences that contribute to this research programme.

As the preface relates, reflections about the action steps (part of the action research inquiry structure) were shown to increase understanding and theoretical insights, and propel the research process forward. These “active thinking” phases led to an investigation of the Citizens’ Jury methodology, its international practice and the planning of the Waikato Citizens’ Jury. In this event 12 Waikato residents debated the “good taste and decency” Code of Practice for Free-To-Air television with a number of television experts, including broadcasting executives, Broadcasting Standards Authority staff members, academic researchers and different aged television viewers. The thesis provides a rationale for the design and operation of the Waikato Citizens’ Jury as well as its evaluation procedures. The EPPT (Equal Preparation Participation Time) formula was an outcome of the Waikato Citizens’ Jury held from 2-4 July 1999.The formula components are designed to act as a policy guideline for the management of public dialogue events between policy-makers and citizen representatives. 

This study contends that the Citizens’ Jury model is a more ethical, and valuable public opinion gathering method than the polling theoretical methods in present widespread use, as its practice engages both parties in a process of informed face to face dialogue. The Jury structure works to equalise the normally asymmetrical relationship between policy-makers and citizens. The thesis asserts that the Waikato Citizens’ Jury demonstrates both a solution to the dialogue divide between television policymakers and citizens, and the problem of resolving public participation in New Zealand media regulatory practices. It also demonstrates action research displays the tenets of sound scientific research practice and the success of the EPPT dialogue formula in action. The thesis ends by concluding that New Zealand media organisations due to their persistent refusal to consult directly with citizens, especially about policies with a widespread community impact, exhibit a syndrome the author terms “institutional NIMBYism”.

year: 2002

title: Royal Mines

authors: Barton, Barry

abstract: Cadia Holdings Pty Ltd v New South Wales [2010] HCA 27, 25 August 2010, comes hard on the heels of Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35 as another reconsideration of deeply-embedded law about mining and the use of the subsurface. The Cadia mines, near Orange, are on land owned by Cadia and its parent Newcrest. Neither the Crown grants nor the lands legislation of the time had reserved minerals to the Crown. But under the prerogative, as laid down in the Case of Mines (1568) 1 Plowden 310, 75 ER 472, mines of gold and silver belong to the Crown; and so do all ores or mines of copper, or other base metal, containing or bearing gold and silver. 
Cadia held mining leases under the Mining Act 1992 of New South Wales, which allows the Minister to grant mining leases over privately-owned minerals as well as public. But where in such cases the Minister receives royalties for privately owned minerals, he or she must pay seven-eighths to the owner. 
The problem is that many mineral deposits contain mixtures; silver-lead-zinc deposits are common, and so are copper-gold deposits. The Cadia mines are a copper-gold deposit. The two elements could not be mined separately, and could be separated only during processing. The State refused to pay the seven-eighths royalty collected on the copper, because the mines could not fairly be described as a copper mine. The Court of Appeal agreed.

text: Royal Mines Cadia Holdings Pty Ltd v New South Wales [2010] HCA 27, 25 August 2010, comes hard on the heels of Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35 as another reconsideration of deeply-embedded law about mining and the use of the subsurface. The Cadia mines, near Orange, are on land owned by Cadia and its parent Newcrest. Neither the Crown grants nor the lands legislation of the time had reserved minerals to the Crown. But under the prerogative, as laid down in the Case of Mines (1568) 1 Plowden 310, 75 ER 472, mines of gold and silver belong to the Crown; and so do all ores or mines of copper, or other base metal, containing or bearing gold and silver. 
Cadia held mining leases under the Mining Act 1992 of New South Wales, which allows the Minister to grant mining leases over privately-owned minerals as well as public. But where in such cases the Minister receives royalties for privately owned minerals, he or she must pay seven-eighths to the owner. 
The problem is that many mineral deposits contain mixtures; silver-lead-zinc deposits are common, and so are copper-gold deposits. The Cadia mines are a copper-gold deposit. The two elements could not be mined separately, and could be separated only during processing. The State refused to pay the seven-eighths royalty collected on the copper, because the mines could not fairly be described as a copper mine. The Court of Appeal agreed.

year: 2010

title: Tūhoe on the move: Regional mobility

authors: Guerin, Pauline

abstract: Academic interest in geographic mobility of indigenous peoples has increased in recent years with a corresponding growth in the literature relating to Māori mobility more specifically. With this greater acknowledgement of Māori issues has also come an awareness of the need for iwi-specific research because of the diversity within and between Māori and iwi. The present research contributes to a larger project exploring Tūhoe regional mobility. In this paper, we analyse published data and unpublished census data from 2001 that relate specifically to Tūhoe regional mobility and the relationship between mobility and language. Region of residence in 1996 and 2001 were analysed in relation to age, sex, and broad language groups. Overall, this analysis found important and diverse relationships between age, sex, language, and region of residence in New Zealand among Māori who identify as Tūhoe. For example, patterns of mobility for different age groups and sex had some similarities with other research, such as a higher proportion of “stayers” in older age groups, but differences were also found, such as higher proportions of “movers” among females in some age groups. Interestingly, we found that language between “movers” and “stayers” differed depending on the region of residence. A greater proportion of “movers” were able to converse in Māori in Auckland and the Waikato, but a slightly greater proportion of “stayers” could converse in Māori in the Hawke’s Bay and Bay of Plenty. These results suggest that geographic mobility among Māori, and Tūhoe more specifically, are complex and should not be overly-simplified in more aggregate analyses.

text: Tūhoe on the move: Regional mobility Academic interest in geographic mobility of indigenous peoples has increased in recent years with a corresponding growth in the literature relating to Māori mobility more specifically. With this greater acknowledgement of Māori issues has also come an awareness of the need for iwi-specific research because of the diversity within and between Māori and iwi. The present research contributes to a larger project exploring Tūhoe regional mobility. In this paper, we analyse published data and unpublished census data from 2001 that relate specifically to Tūhoe regional mobility and the relationship between mobility and language. Region of residence in 1996 and 2001 were analysed in relation to age, sex, and broad language groups. Overall, this analysis found important and diverse relationships between age, sex, language, and region of residence in New Zealand among Māori who identify as Tūhoe. For example, patterns of mobility for different age groups and sex had some similarities with other research, such as a higher proportion of “stayers” in older age groups, but differences were also found, such as higher proportions of “movers” among females in some age groups. Interestingly, we found that language between “movers” and “stayers” differed depending on the region of residence. A greater proportion of “movers” were able to converse in Māori in Auckland and the Waikato, but a slightly greater proportion of “stayers” could converse in Māori in the Hawke’s Bay and Bay of Plenty. These results suggest that geographic mobility among Māori, and Tūhoe more specifically, are complex and should not be overly-simplified in more aggregate analyses.

year: 2006