title: The reasonable expectation of privacy

authors: Karunaratne, K D Thilini Prathiba

subjects: Privacy

abstract: It is increasingly recognised that privacy is an inherent human value, interest and a right that is worthy of legal protection.  Privacy is no longer simply about being let alone ‘in one’s home’, rather the concept of privacy has evolved in a broader sense and is recongised to be an entitlement of an individual even in public spaces.   
 
With increased surveillance by both state and non-state actors, privacy is more important than ever before.  Various countries across the globe have declared privacy as a constitutional right that must be protected, and in countries where a constitutional right does not exist, the judiciary has stepped in to declare privacy as a right.  Unfortunately, in New Zealand there is no general right to privacy.  Rather, there are specific legal protections that safeguard certain aspects of an individual’s privacy.  For example, certain offences created in the Crimes Act 1961 protects bodily privacy and informational privacy is protected under the Privacy Act 1993.   
 
The New Zealand judiciary has also taken firm stances by creating two privacy torts, namely, tort of publication of private facts and intrusion into seclusion.  However, the question remains whether there is a general right to privacy in New Zealand outside of these privacy protections.  This is precisely what this thesis seeks to answer by looking closer at the concept of reasonable expectation of privacy.  The judiciary has repeatedly used this concept when addressing privacy breaches.  The continued use of this concept is important.  But why?  
 
Rather than just a mere test, the reasonable expectation of privacy has been attributed by the courts as an ‘entitlement’ of the individual. The courts have interpreted and applied the reasonable expectation of privacy in a range of case law such as privacy trots, search and surveillance, and other areas of the law including broadcasting matters.  The courts have found that an individual’s reasonable expectation of privacy can be breached, and subsequent remedies are available.  This thesis argues that the frequent and sustained use of reasonable expectation of privacy as an entitlement that deserves protection by the common law, is without a doubt sufficient to be an expression or an embodiment of a general right to privacy in New Zealand.

text: The reasonable expectation of privacy It is increasingly recognised that privacy is an inherent human value, interest and a right that is worthy of legal protection.  Privacy is no longer simply about being let alone ‘in one’s home’, rather the concept of privacy has evolved in a broader sense and is recongised to be an entitlement of an individual even in public spaces.   
 
With increased surveillance by both state and non-state actors, privacy is more important than ever before.  Various countries across the globe have declared privacy as a constitutional right that must be protected, and in countries where a constitutional right does not exist, the judiciary has stepped in to declare privacy as a right.  Unfortunately, in New Zealand there is no general right to privacy.  Rather, there are specific legal protections that safeguard certain aspects of an individual’s privacy.  For example, certain offences created in the Crimes Act 1961 protects bodily privacy and informational privacy is protected under the Privacy Act 1993.   
 
The New Zealand judiciary has also taken firm stances by creating two privacy torts, namely, tort of publication of private facts and intrusion into seclusion.  However, the question remains whether there is a general right to privacy in New Zealand outside of these privacy protections.  This is precisely what this thesis seeks to answer by looking closer at the concept of reasonable expectation of privacy.  The judiciary has repeatedly used this concept when addressing privacy breaches.  The continued use of this concept is important.  But why?  
 
Rather than just a mere test, the reasonable expectation of privacy has been attributed by the courts as an ‘entitlement’ of the individual. The courts have interpreted and applied the reasonable expectation of privacy in a range of case law such as privacy trots, search and surveillance, and other areas of the law including broadcasting matters.  The courts have found that an individual’s reasonable expectation of privacy can be breached, and subsequent remedies are available.  This thesis argues that the frequent and sustained use of reasonable expectation of privacy as an entitlement that deserves protection by the common law, is without a doubt sufficient to be an expression or an embodiment of a general right to privacy in New Zealand.

year: 2020

title: Puarenga Stream alum dosing – Summary of effects on lake biota 2015

authors: Ling, Nicholas

abstract: Continuous alum dosing of the Puarenga Stream commenced in early 2010 to reduce inflows of dissolved reactive phosphorus to Lake Rotorua. Analyses of bioaccumulation in the tissues of macrobiota were undertaken in February 2015 for comparison to comparable samples obtained prior to and since the commencement of alum dosing to satisfy annual resource consent conditions 8.7 and 8.8 of resource consent 65559.
No significant effects of alum dosing could be distinguished. Bioavailable aluminium in the vicinity of Sulphur Bay appears to be primarily influenced by the major geothermal activity of this region. Lake water chemistry in the vicinity of Sulphur Bay is heavily influenced by the direction of geothermal flows emanating from the Bay. No significant differences in aluminium bioaccumulation were observed in any species compared to samples obtained prior to the commencement of alum dosing. Continuous alum dosing of the Puarenga Stream since 2010 apparently has not resulted in adverse effects to Lake Rotorua shoreline biota nor caused any apparent increase in aluminium bioaccumulation in lake biota in the vicinity of Sulphur Bay.

text: Puarenga Stream alum dosing – Summary of effects on lake biota 2015 Continuous alum dosing of the Puarenga Stream commenced in early 2010 to reduce inflows of dissolved reactive phosphorus to Lake Rotorua. Analyses of bioaccumulation in the tissues of macrobiota were undertaken in February 2015 for comparison to comparable samples obtained prior to and since the commencement of alum dosing to satisfy annual resource consent conditions 8.7 and 8.8 of resource consent 65559.
No significant effects of alum dosing could be distinguished. Bioavailable aluminium in the vicinity of Sulphur Bay appears to be primarily influenced by the major geothermal activity of this region. Lake water chemistry in the vicinity of Sulphur Bay is heavily influenced by the direction of geothermal flows emanating from the Bay. No significant differences in aluminium bioaccumulation were observed in any species compared to samples obtained prior to the commencement of alum dosing. Continuous alum dosing of the Puarenga Stream since 2010 apparently has not resulted in adverse effects to Lake Rotorua shoreline biota nor caused any apparent increase in aluminium bioaccumulation in lake biota in the vicinity of Sulphur Bay.

year: 2016

title: Te Toi Poto, Te Toi Roa A Critical Evaluation of Māori-State Inclusion in the Ohiwa Harbour Strategy, Aotearoa New Zealand.

authors: Lowry, Amanda

subjects: Māori

abstract: In New Zealand, the State Owned Enterprises Act 1988 [SOE], Local Government Act 2002 [LGA], the Resource Management Act 1991 [RMA] require that government include the voices of Māori, and ensure their contribution to the decision-making processes of local authorities. Accordingly, central and local government have embraced the idea of inclusive partnership as part of policymaking processes informed by shared values both of government and iwi.
Thus, it is not uncommon to see consultations, partnerships and engagement between Māori-state on a range of issues in line with Tikanga and protocols of Māori culture. These transitions reflect contemporary critical policy scholarship that underscores the need to include marginalised voices policymaking, specifically through processes that reflect diverse values. Termed here as ‘procedural inclusion’, these efforts are framed within the wider goal of participatory democracy as part of the efforts to realise an inclusive society. The present research is a critical evaluation of the inclusion of Māori in the processes of policymaking, especially when those processes have been especially designed to be culturally sensitive.
This core objective is developed through the analysis of the case study of iwi/hapū-local government engagement in creating and implementing the Ohiwa Harbour Strategy in New Zealand’s Eastern Bay of Plenty region between 2002- 2008. The strategy engagement, which culminated in a long-term plan to manage and conserve the Ohiwa harbour, is uniquely positioned for this investigation. It is often regarded by its iwi/hapū and local government stakeholders as a success story in iwi/hapū-government engagement. Using a critical qualitative research methodology informed by kaupapa Māori, the study sought to critically evaluate this exemplar of procedural inclusion at multiple levels. At an operational policy level, the research identified the factors that either facilitated or inhibited Māori inclusion in the strategy development process. At another, more substantive level, the study explored the politics of this engagement, and if the goals of procedural inclusion could accommodate the transformative claims of self-determination and kaitiakitanga made by iwi/hapū.
The analysis of interview data with key stakeholders and documents of the strategy process revealed that a range of factors enhance inclusive policymaking for Māori. At a practical level, legislative frameworks, commitment to Tikanga by all parties, and key strategic cultural brokers facilitated the inclusion of Māori, while limited capacity, fear of change and inter-tribal tensions hinder inclusion. The results also show, at another level, that the ability to productively participate in these engagement processes are framed by discursive politics – of the meanings and interpretations emanating from historical contexts, nature of power relationships, and of decisions regarding who represents whom and what is represented. In all, the study points to both advantages and limitations of procedural inclusion. Inclusive policymaking can open possibilities for better management of environmental resources, strengthening Māori political voice, and creating opportunities for livelihoods and with it greater economic and social inclusion. Equally, there are also limits of government-sponsored engagement.
Māori inclusion in policymaking, while positive, does not deliver opportunities for self determination or rangatiratanga in keeping with the Treaty principles of partnership.

text: Te Toi Poto, Te Toi Roa A Critical Evaluation of Māori-State Inclusion in the Ohiwa Harbour Strategy, Aotearoa New Zealand. In New Zealand, the State Owned Enterprises Act 1988 [SOE], Local Government Act 2002 [LGA], the Resource Management Act 1991 [RMA] require that government include the voices of Māori, and ensure their contribution to the decision-making processes of local authorities. Accordingly, central and local government have embraced the idea of inclusive partnership as part of policymaking processes informed by shared values both of government and iwi.
Thus, it is not uncommon to see consultations, partnerships and engagement between Māori-state on a range of issues in line with Tikanga and protocols of Māori culture. These transitions reflect contemporary critical policy scholarship that underscores the need to include marginalised voices policymaking, specifically through processes that reflect diverse values. Termed here as ‘procedural inclusion’, these efforts are framed within the wider goal of participatory democracy as part of the efforts to realise an inclusive society. The present research is a critical evaluation of the inclusion of Māori in the processes of policymaking, especially when those processes have been especially designed to be culturally sensitive.
This core objective is developed through the analysis of the case study of iwi/hapū-local government engagement in creating and implementing the Ohiwa Harbour Strategy in New Zealand’s Eastern Bay of Plenty region between 2002- 2008. The strategy engagement, which culminated in a long-term plan to manage and conserve the Ohiwa harbour, is uniquely positioned for this investigation. It is often regarded by its iwi/hapū and local government stakeholders as a success story in iwi/hapū-government engagement. Using a critical qualitative research methodology informed by kaupapa Māori, the study sought to critically evaluate this exemplar of procedural inclusion at multiple levels. At an operational policy level, the research identified the factors that either facilitated or inhibited Māori inclusion in the strategy development process. At another, more substantive level, the study explored the politics of this engagement, and if the goals of procedural inclusion could accommodate the transformative claims of self-determination and kaitiakitanga made by iwi/hapū.
The analysis of interview data with key stakeholders and documents of the strategy process revealed that a range of factors enhance inclusive policymaking for Māori. At a practical level, legislative frameworks, commitment to Tikanga by all parties, and key strategic cultural brokers facilitated the inclusion of Māori, while limited capacity, fear of change and inter-tribal tensions hinder inclusion. The results also show, at another level, that the ability to productively participate in these engagement processes are framed by discursive politics – of the meanings and interpretations emanating from historical contexts, nature of power relationships, and of decisions regarding who represents whom and what is represented. In all, the study points to both advantages and limitations of procedural inclusion. Inclusive policymaking can open possibilities for better management of environmental resources, strengthening Māori political voice, and creating opportunities for livelihoods and with it greater economic and social inclusion. Equally, there are also limits of government-sponsored engagement.
Māori inclusion in policymaking, while positive, does not deliver opportunities for self determination or rangatiratanga in keeping with the Treaty principles of partnership.

year: 2012