title: IP round-up: Recent decisions from the courts (July 2012)

authors: Kingsbury, Anna

subjects: court

abstract: This article discusses Trade Marks, Fair Trading, Copyright & Patent Infringement cases(respectively): “Mars New Zealand Ltd v Heinz Watties Ltd” [2012, NZHC 591]; “GeoSmart Maps Ltd v GoSmart Foundation Ltd” [HC Auckland CIV 2011-404-003119, 2 September 2011], “Fisher & Paykel Financial Services Ltd v Karum Group LLC (no. 2)” [2012, NZHC 240], “Hamilton Maps Ltd v Hamilton News Operating as a division of APN News & Media Ltd” [DC Hamilton CIV 2011-019000874, 9 March 2012], “BayCity Technologies Ltd v Uttinger and DairySense LLC” [HC Auckland CIV 2006-404-7709, 21 March 2012] and “ Stewart v Franmara Inc” [2012, NZHC 548].

text: IP round-up: Recent decisions from the courts (July 2012) This article discusses Trade Marks, Fair Trading, Copyright & Patent Infringement cases(respectively): “Mars New Zealand Ltd v Heinz Watties Ltd” [2012, NZHC 591]; “GeoSmart Maps Ltd v GoSmart Foundation Ltd” [HC Auckland CIV 2011-404-003119, 2 September 2011], “Fisher & Paykel Financial Services Ltd v Karum Group LLC (no. 2)” [2012, NZHC 240], “Hamilton Maps Ltd v Hamilton News Operating as a division of APN News & Media Ltd” [DC Hamilton CIV 2011-019000874, 9 March 2012], “BayCity Technologies Ltd v Uttinger and DairySense LLC” [HC Auckland CIV 2006-404-7709, 21 March 2012] and “ Stewart v Franmara Inc” [2012, NZHC 548].

year: 2012-07

title: Effects of Mindful Engagement and Attention on Reciprocal Caregiver and Client Interactions: A Behavioral Analysis of Moment-to-Moment Changes During Mindfulness Practice

authors: Singh, Nirbhay N.

abstract: Objectives: The objective of this study was to examine the effects of Mindfulness-Based Positive Behavior Support (MBPBS) training on the nature of caregiver and client reciprocal interactions at a moment-by-moment level using behavior analytic methodology. Specifically, we compared the behavior of caregivers and clients before and after MBPBS training for the caregivers in terms of caregiver-client engagement, percent of learning and leisure interactions during caregiver-client engagement, and percent of the clients’ challenging behaviors and socially acceptable behaviors during learning and leisure interactions. In addition, we examined the effects of specific conditionality of attentional responses of the caregivers to the clients’ challenging or socially acceptable behavior in terms of frequency, latency, duration, and quality. Method: Caregiver and client engagements were videotaped before and after MBPBS training for the caregivers. The percent of caregiver-client engagement was analyzed using partial-interval recording for overall engagement and the clients’ challenging behaviors and socially acceptable behaviors during learning and leisure interactions. The effects of the caregivers’ attentional responses to the clients’ challenging behaviors and socially acceptable behaviors were analyzed using whole-interval recording. Results: Training caregivers in MBPBS significantly increased caregiver-client engagement during learning and leisure activities, which resulted in the clients exhibiting fewer challenging behaviors and more socially appropriate behaviors. Furthermore, an analysis of the effects of different types of caregiver attention showed differential effects on the clients’ challenging behaviors and socially acceptable behaviors. Conclusions: The results indicated that behavior analytic methods can be used as an objective and reliable way of capturing the nature of changes in predefined behaviors of both caregivers and clients at a moment-by-moment level following training of the caregivers in a mindfulness-based program. Using such an analytic method may provide an effective way of objectively measuring some experiential processes involved in mindfulness training.

text: Effects of Mindful Engagement and Attention on Reciprocal Caregiver and Client Interactions: A Behavioral Analysis of Moment-to-Moment Changes During Mindfulness Practice Objectives: The objective of this study was to examine the effects of Mindfulness-Based Positive Behavior Support (MBPBS) training on the nature of caregiver and client reciprocal interactions at a moment-by-moment level using behavior analytic methodology. Specifically, we compared the behavior of caregivers and clients before and after MBPBS training for the caregivers in terms of caregiver-client engagement, percent of learning and leisure interactions during caregiver-client engagement, and percent of the clients’ challenging behaviors and socially acceptable behaviors during learning and leisure interactions. In addition, we examined the effects of specific conditionality of attentional responses of the caregivers to the clients’ challenging or socially acceptable behavior in terms of frequency, latency, duration, and quality. Method: Caregiver and client engagements were videotaped before and after MBPBS training for the caregivers. The percent of caregiver-client engagement was analyzed using partial-interval recording for overall engagement and the clients’ challenging behaviors and socially acceptable behaviors during learning and leisure interactions. The effects of the caregivers’ attentional responses to the clients’ challenging behaviors and socially acceptable behaviors were analyzed using whole-interval recording. Results: Training caregivers in MBPBS significantly increased caregiver-client engagement during learning and leisure activities, which resulted in the clients exhibiting fewer challenging behaviors and more socially appropriate behaviors. Furthermore, an analysis of the effects of different types of caregiver attention showed differential effects on the clients’ challenging behaviors and socially acceptable behaviors. Conclusions: The results indicated that behavior analytic methods can be used as an objective and reliable way of capturing the nature of changes in predefined behaviors of both caregivers and clients at a moment-by-moment level following training of the caregivers in a mindfulness-based program. Using such an analytic method may provide an effective way of objectively measuring some experiential processes involved in mindfulness training.

year: 2023-01-01

title: Revitalizing Te Ika-a-Maui: Māori migration and the nation

authors: Mahuika, Nepia

subjects: Māori

abstract: Maui-Tikitiki-A-Taranga is more than simply a ‘mythic’ hero. For many he is a prominent figure in a long family line. The whakapapa that binds Māori to our tupuna is significant to the present and future, and carries with it the ‘ultimate expression’ of who we are. Maui has been described as ‘the most important culture hero in Māori mythology’, whose exploits and archetype provide precedents that Māori respond to in the present. The status of Maui within my own tribal boundaries is clear: ‘In accordance with the traditions and tikanga of Ngati Porou, we as People of this Land have been here since the beginning of time, or more aptly in the context of Aotearoa, since Maui fished up Te Ika-a-Maui (North Island). Maui-Tikitiki-a-Taranga is attributed with fishing up the North Island, raising it out of the depths of the sea, for successive generations of Māori to populate and cultivate.’ Maui’s waka, as Ngāti Porou uphold, is Nukutaimemeha, believed to be ‘cradled’ upon our ancestral mountain Hikurangi. However, there are other stories that recognize the waka as the South Island, with Stewart Island its anchor. These variations aside, the history remains a well-rehearsed one throughout the Māori world and in other parts of Polynesia.

text: Revitalizing Te Ika-a-Maui: Māori migration and the nation Maui-Tikitiki-A-Taranga is more than simply a ‘mythic’ hero. For many he is a prominent figure in a long family line. The whakapapa that binds Māori to our tupuna is significant to the present and future, and carries with it the ‘ultimate expression’ of who we are. Maui has been described as ‘the most important culture hero in Māori mythology’, whose exploits and archetype provide precedents that Māori respond to in the present. The status of Maui within my own tribal boundaries is clear: ‘In accordance with the traditions and tikanga of Ngati Porou, we as People of this Land have been here since the beginning of time, or more aptly in the context of Aotearoa, since Maui fished up Te Ika-a-Maui (North Island). Maui-Tikitiki-a-Taranga is attributed with fishing up the North Island, raising it out of the depths of the sea, for successive generations of Māori to populate and cultivate.’ Maui’s waka, as Ngāti Porou uphold, is Nukutaimemeha, believed to be ‘cradled’ upon our ancestral mountain Hikurangi. However, there are other stories that recognize the waka as the South Island, with Stewart Island its anchor. These variations aside, the history remains a well-rehearsed one throughout the Māori world and in other parts of Polynesia.

year: 2009