title: National Maori and Pacific psychologies symposium: Claiming spaces

authors: Levy, Michelle Patricia

subjects: Maori

abstract: In 2002 the Maori and Psychology Research Unit made a valuable contribution to the  teaching and practice of psychology in Aotearoa via the two day Maori Graduates of Psychology Symposium: Making a Difference. Mid-way through 2006, our collective memories of the hard work in 2002  diminished, so much so that we once again considered hosting a similar event. Building on the foundations laid in 2002, the theme of the 2007 symposium was "Claiming Spaces", with our focus expanding to include peoples of the Pacific. This theme reflected that the time had come for Maori and Pacific Psychologies to move from the margins and claim legitimate space within psychology. It recognized that here in Aotearoa we have the potential to be pioneers in the development of psychologies relevant and applicable to Maori and Pacific peoples, and to better understand what science, culture and practice means when indigenous and cultural world views are prioritised. It was an inclusive theme, with the programme comprising presentations led by Maori and Pacific psychologists, graduates of psychology and psychology students. These presentations reflected on and made connections to the theme of "Claiming Spaces".

text: National Maori and Pacific psychologies symposium: Claiming spaces In 2002 the Maori and Psychology Research Unit made a valuable contribution to the  teaching and practice of psychology in Aotearoa via the two day Maori Graduates of Psychology Symposium: Making a Difference. Mid-way through 2006, our collective memories of the hard work in 2002  diminished, so much so that we once again considered hosting a similar event. Building on the foundations laid in 2002, the theme of the 2007 symposium was "Claiming Spaces", with our focus expanding to include peoples of the Pacific. This theme reflected that the time had come for Maori and Pacific Psychologies to move from the margins and claim legitimate space within psychology. It recognized that here in Aotearoa we have the potential to be pioneers in the development of psychologies relevant and applicable to Maori and Pacific peoples, and to better understand what science, culture and practice means when indigenous and cultural world views are prioritised. It was an inclusive theme, with the programme comprising presentations led by Maori and Pacific psychologists, graduates of psychology and psychology students. These presentations reflected on and made connections to the theme of "Claiming Spaces".

year: 2008

title: Assessment of impacts of mechanical spat harvesting on the surf clams of Te Oneroa a Tōhē

authors: Ross, Philip M.

abstract: Much of the mussel spat used to seed mussel aquaculture farms throughout New Zealand is sourced from Te Oneroa a Tōhē (90 Mile Beach) in Te Hiku (far north of New Zealand). The mussel spat washes ashore attached to seaweed and hydroids where it is collected by spat harvesters and transported to mussel farms around the country to be on-grown. The collection of Te Hiku spat and seaweed was originally done by hand. However, the methods used have evolved over time and mussel spat is now primarily collected using mechanical loaders operating in the surf zone. Local iwi, hapu and the wider community have recently voiced their concerns about the impacts of this harvesting method. Specifically, there are concerns about the impact of loaders operating on top of toheroa (Paphies ventricosa) and tuatua (Paphies subtriangulata) beds or other shellfish inhabiting in the intertidal and subtidal areas of Te Oneroa a Tōhē. Consequently, research into the ecological impacts of mechanical spat harvesting was conducted to address the concerns of the community and inform the management of the Te Hiku spat fishery. 
This research aimed to examine the ecological impacts of a ‘worst case scenario’ by (1) simulating an intensity of spat harvesting activity much greater than would be anticipated in the ‘real world’ and (2) conducting the research at high density tuatua beds where impacts would potentially be greatest. Adult toheroa were not targeted in the experiment to avoid unnecessary impacts on already depleted toheroa populations. At each of three sites on Te Oneroa a Tōhē, nine spat harvesting loaders were repeatedly driven in and out of the surf, over shellfish beds, for 75 minutes leading up to the low tide. Once loader activity ceased, a sampling team made up of mana whenua, local primary school children, spat harvesters and staff from MPI, Te Ohu Kaimoana and the University of Waikato collected clams from the intertidal area. Collections were made from both impact and control (non-impact) sites, where (a) the number of crushed shells was quantified and (b) the self-righting and burying abilities of tuatua from impact and control areas were compared to provide an estimate of sub-lethal effects. 
There was no detectable impact of mechanical spat harvesting loaders on tuatua (or the juvenile toheroa that were present in the sampled tuatua beds) when these surf clams were either fully or partially buried in sands of Te Oneroa a Tōhē. Rates of shell damage were less 2 than 6.1% and were similar in impact and control areas indicating much of the observed shell damage was caused by the sediment corers that were used to extract samples from the beach. Similarly, being driven over by loaders did not affect the ability or speed at which tuatua were able to right and bury themselves in the sediment. When standing on end these clams appear robust to the forces exerted by loaders upon the sediment surface. However, beach cast clams (both tuatua and toheroa), lying on top of the sediment on their sides are vulnerable to crushing by vehicles. This includes juvenile clams that ‘float’ to the beach surface where multiple loader passes liquefy the surface sediment. Mortality in these beach cast clams was not well captured by the sampling methodology used in this study, but was observed at two of the three sites sampled. It was not possible to quantify this type of mortality during this study. However, the number of clams crushed on the beach surface was small relative to the high abundances of clams within the sediment and the impact is not considered ecologically significant at the scale the individual shellfish beds or the entire beach. 
Overall, there was nothing observed during the course of this experiment to suggest that mechanical harvesting is having a significant ecological effect on the toheroa or tuatua of Te Oneroa a Tōhē. Mechanical spat harvesting did result in some clam mortality during the course of this experiment, and it is likely that some mortality will occur in the future when clams are present on the beach surface. However, the level of mortality observed, and anticipated, is unlikely to compromise the viability of either clam species. 
To minimise clam mortality caused by spat harvesting, loader operators should endeavour to avoid areas where large numbers of surf clams are either beach cast or are observed washing around in the shallow subtidal. It would also be prudent, because of the depressed state of toheroa populations on Te Oneroa a Tōhē, for spat harvesters to have up-to-date information about the location of toheroa beds and avoid them where possible. 
It should be noted that concerns have been raised as to whether the driving of loaders during this study was equivalent to real world operations. However, the collection of operational data during this experiment, the proposed installation of GPS trackers on all loaders and the use of observers will allow for monitoring and enforcement of operating procedures established in the industry code of practise.

text: Assessment of impacts of mechanical spat harvesting on the surf clams of Te Oneroa a Tōhē Much of the mussel spat used to seed mussel aquaculture farms throughout New Zealand is sourced from Te Oneroa a Tōhē (90 Mile Beach) in Te Hiku (far north of New Zealand). The mussel spat washes ashore attached to seaweed and hydroids where it is collected by spat harvesters and transported to mussel farms around the country to be on-grown. The collection of Te Hiku spat and seaweed was originally done by hand. However, the methods used have evolved over time and mussel spat is now primarily collected using mechanical loaders operating in the surf zone. Local iwi, hapu and the wider community have recently voiced their concerns about the impacts of this harvesting method. Specifically, there are concerns about the impact of loaders operating on top of toheroa (Paphies ventricosa) and tuatua (Paphies subtriangulata) beds or other shellfish inhabiting in the intertidal and subtidal areas of Te Oneroa a Tōhē. Consequently, research into the ecological impacts of mechanical spat harvesting was conducted to address the concerns of the community and inform the management of the Te Hiku spat fishery. 
This research aimed to examine the ecological impacts of a ‘worst case scenario’ by (1) simulating an intensity of spat harvesting activity much greater than would be anticipated in the ‘real world’ and (2) conducting the research at high density tuatua beds where impacts would potentially be greatest. Adult toheroa were not targeted in the experiment to avoid unnecessary impacts on already depleted toheroa populations. At each of three sites on Te Oneroa a Tōhē, nine spat harvesting loaders were repeatedly driven in and out of the surf, over shellfish beds, for 75 minutes leading up to the low tide. Once loader activity ceased, a sampling team made up of mana whenua, local primary school children, spat harvesters and staff from MPI, Te Ohu Kaimoana and the University of Waikato collected clams from the intertidal area. Collections were made from both impact and control (non-impact) sites, where (a) the number of crushed shells was quantified and (b) the self-righting and burying abilities of tuatua from impact and control areas were compared to provide an estimate of sub-lethal effects. 
There was no detectable impact of mechanical spat harvesting loaders on tuatua (or the juvenile toheroa that were present in the sampled tuatua beds) when these surf clams were either fully or partially buried in sands of Te Oneroa a Tōhē. Rates of shell damage were less 2 than 6.1% and were similar in impact and control areas indicating much of the observed shell damage was caused by the sediment corers that were used to extract samples from the beach. Similarly, being driven over by loaders did not affect the ability or speed at which tuatua were able to right and bury themselves in the sediment. When standing on end these clams appear robust to the forces exerted by loaders upon the sediment surface. However, beach cast clams (both tuatua and toheroa), lying on top of the sediment on their sides are vulnerable to crushing by vehicles. This includes juvenile clams that ‘float’ to the beach surface where multiple loader passes liquefy the surface sediment. Mortality in these beach cast clams was not well captured by the sampling methodology used in this study, but was observed at two of the three sites sampled. It was not possible to quantify this type of mortality during this study. However, the number of clams crushed on the beach surface was small relative to the high abundances of clams within the sediment and the impact is not considered ecologically significant at the scale the individual shellfish beds or the entire beach. 
Overall, there was nothing observed during the course of this experiment to suggest that mechanical harvesting is having a significant ecological effect on the toheroa or tuatua of Te Oneroa a Tōhē. Mechanical spat harvesting did result in some clam mortality during the course of this experiment, and it is likely that some mortality will occur in the future when clams are present on the beach surface. However, the level of mortality observed, and anticipated, is unlikely to compromise the viability of either clam species. 
To minimise clam mortality caused by spat harvesting, loader operators should endeavour to avoid areas where large numbers of surf clams are either beach cast or are observed washing around in the shallow subtidal. It would also be prudent, because of the depressed state of toheroa populations on Te Oneroa a Tōhē, for spat harvesters to have up-to-date information about the location of toheroa beds and avoid them where possible. 
It should be noted that concerns have been raised as to whether the driving of loaders during this study was equivalent to real world operations. However, the collection of operational data during this experiment, the proposed installation of GPS trackers on all loaders and the use of observers will allow for monitoring and enforcement of operating procedures established in the industry code of practise.

year: 2020

title: The international law gaze: the Supreme Court and the UN International Law Commission’s dialogue on subsequent conduct in the interpretation of contracts and treaties

authors: Alvarez-Jimenez, Alberto

abstract: The New Zealand Supreme Court in Bathurst Resources Limited v L & M Coal Holdings Limited (Bathurst Resources Limited v L&M Coal Holdings Limited [2021] NZSC 85) recently explored the issue of evidence of subsequent conduct in the interpretation of contracts. Generally, the role of subsequent conduct is limited. In 2018, the United Nations International Law Commission (ILC) examined in detail the use of subsequent agreements and practice in the interpretation of international treaties under art 31(3)(a) & (b) and art 32 of the Vienna Convention on the Law of Treaties (VCLT) (70th Session – Subsequent agreements and subsequent practice in relation to the interpretation of treaties [2018] (ILC Subsequent Practice)). Despite the contrast between contracts and treaties, the ILC’s work can be valuable to the Supreme Court. This article explores how.

text: The international law gaze: the Supreme Court and the UN International Law Commission’s dialogue on subsequent conduct in the interpretation of contracts and treaties The New Zealand Supreme Court in Bathurst Resources Limited v L & M Coal Holdings Limited (Bathurst Resources Limited v L&M Coal Holdings Limited [2021] NZSC 85) recently explored the issue of evidence of subsequent conduct in the interpretation of contracts. Generally, the role of subsequent conduct is limited. In 2018, the United Nations International Law Commission (ILC) examined in detail the use of subsequent agreements and practice in the interpretation of international treaties under art 31(3)(a) & (b) and art 32 of the Vienna Convention on the Law of Treaties (VCLT) (70th Session – Subsequent agreements and subsequent practice in relation to the interpretation of treaties [2018] (ILC Subsequent Practice)). Despite the contrast between contracts and treaties, the ILC’s work can be valuable to the Supreme Court. This article explores how.

year: 2022-03-15