title: Bicultural perspectives on Māori legal research

authors: Mackinnon, Jacquelin

subjects: Māori

abstract: Increasingly, legal research projects undertaken at law school or in practice will involve Māori custom law and/or tikanga Māori.' The role of both Māori custom law and tikanga Māori is most evident in the work of the Māori Land Court in the interpretation and application of legislation relating to Māori land. Increasingly, general statutes incorporate Māori principles and values, such as those to be found in the Resource Management Act 1991, or make explicit reference to the principles of the Treaty of Waitangi. The statutory interpretation function of the Courts in relation to these, and less obvious examples, requires knowledge of tikanga Māori and/or Māori custom law. For any analysis of the work of the Courts or of the legislature, knowledge of tikanga Māori and/or custom law is required. Both Māori custom law and tikanga Māori are preserved by and accessed through the oral tradition. In addition to its role in the Courts and in relation to legislation, the most significant role played by the oral tradition is in the work of the Waitangi Tribunal. The oral tradition also plays an increasingly important part in other areas requiring research. What follows is an introduction to the oral tradition and its role in the legal system of Aotearoa/New Zealand. An understanding of the oral tradition is essential to the construction of a research path that is both ethical and effective.

text: Bicultural perspectives on Māori legal research Increasingly, legal research projects undertaken at law school or in practice will involve Māori custom law and/or tikanga Māori.' The role of both Māori custom law and tikanga Māori is most evident in the work of the Māori Land Court in the interpretation and application of legislation relating to Māori land. Increasingly, general statutes incorporate Māori principles and values, such as those to be found in the Resource Management Act 1991, or make explicit reference to the principles of the Treaty of Waitangi. The statutory interpretation function of the Courts in relation to these, and less obvious examples, requires knowledge of tikanga Māori and/or Māori custom law. For any analysis of the work of the Courts or of the legislature, knowledge of tikanga Māori and/or custom law is required. Both Māori custom law and tikanga Māori are preserved by and accessed through the oral tradition. In addition to its role in the Courts and in relation to legislation, the most significant role played by the oral tradition is in the work of the Waitangi Tribunal. The oral tradition also plays an increasingly important part in other areas requiring research. What follows is an introduction to the oral tradition and its role in the legal system of Aotearoa/New Zealand. An understanding of the oral tradition is essential to the construction of a research path that is both ethical and effective.

year: 2007

title: Walking into the past to explore the future: Utulizing larval densities to measure the effects of two climate change factors, temperature and salinity on Poorohe (common smelt, Retropinna retropinna) abundance in Te Puuaha o Waikato

authors: Robcke, Sidney

subjects: Common smelt

abstract: Poorohe (common smelt, Retropinna retropinna) are a highly valued kai species in Te Puuaha o Waikato (the lower 66 km of the Waikato River). Fisher whaanau have observed changes in the amount Poorohe that are harvested during annual fish harvests. Since Poorohe are particularly vulnerable to environmental changes, whaanau are particularly concerned about the how climate change might impact Poorohe populations. Climate change vulnerability assessments (CCVA) currently exist for several native New Zealand fish freshwater species; however, one does not yet exist for Poorohe. Previous larval distribution studies in the lower Waikato River only sampled as far downstream as Tuakau bridge (approximately 45km from the river mouth). These studies indicated that important spawning habitats likely existed downstream of Tuakau bridge. Temperature increases and saltwater intrusion have been identified as two climate change factors that will likely impact Poorohe in Te Puuaha o Waikato, because ambient temperatures have increased since the industrial revolution and the proximity of the study area to the ocean. A literature review was used to explore the experiences of fisher whaanau through the past, present and how the experiences will continue to change in a changing climate. The effects of temperature and saltwater intrusion on Poorohe populations were explored through replicating the methods of past research carried out in the 1980s and 2010s. Current river temperatures are in the optimal temperature range (12°C - 18°C) for Poorohe spawning. The saltwater wedge was suppressed by the high river flow during the eight-week sampling period, and it is unclear whether saltwater intrusion has an impact on Poorohe spawning. Larval densities did not significantly increase down river, which suggests large spawning habitat is not found downstream of Tuakau bridge. Furthermore, there were no decreases in larval densities in the two saltwater sites. This study has contributed to the available literature necessary to develop a CCVA for Poorohe and explored the cultural heritage of traditionally significant practices in Te Puuaha o Waikato relating to Poorohe.

text: Walking into the past to explore the future: Utulizing larval densities to measure the effects of two climate change factors, temperature and salinity on Poorohe (common smelt, Retropinna retropinna) abundance in Te Puuaha o Waikato Poorohe (common smelt, Retropinna retropinna) are a highly valued kai species in Te Puuaha o Waikato (the lower 66 km of the Waikato River). Fisher whaanau have observed changes in the amount Poorohe that are harvested during annual fish harvests. Since Poorohe are particularly vulnerable to environmental changes, whaanau are particularly concerned about the how climate change might impact Poorohe populations. Climate change vulnerability assessments (CCVA) currently exist for several native New Zealand fish freshwater species; however, one does not yet exist for Poorohe. Previous larval distribution studies in the lower Waikato River only sampled as far downstream as Tuakau bridge (approximately 45km from the river mouth). These studies indicated that important spawning habitats likely existed downstream of Tuakau bridge. Temperature increases and saltwater intrusion have been identified as two climate change factors that will likely impact Poorohe in Te Puuaha o Waikato, because ambient temperatures have increased since the industrial revolution and the proximity of the study area to the ocean. A literature review was used to explore the experiences of fisher whaanau through the past, present and how the experiences will continue to change in a changing climate. The effects of temperature and saltwater intrusion on Poorohe populations were explored through replicating the methods of past research carried out in the 1980s and 2010s. Current river temperatures are in the optimal temperature range (12°C - 18°C) for Poorohe spawning. The saltwater wedge was suppressed by the high river flow during the eight-week sampling period, and it is unclear whether saltwater intrusion has an impact on Poorohe spawning. Larval densities did not significantly increase down river, which suggests large spawning habitat is not found downstream of Tuakau bridge. Furthermore, there were no decreases in larval densities in the two saltwater sites. This study has contributed to the available literature necessary to develop a CCVA for Poorohe and explored the cultural heritage of traditionally significant practices in Te Puuaha o Waikato relating to Poorohe.

year: 2024-11-23

title: The Non-Market Value of Biodiversity Enhancement in New Zealand's Planted Forests

authors: Yao, Richard

subjects: non-market value

abstract: This study investigates the non-market value of biodiversity enhancement in New Zealand’s planted forests using the stated choice experiments (CE) approach. This study focuses on two issues. One issue is policy orientated where we estimate the non-market value of biodiversity enhancement and the determinants of this value. The other issue is about the neutrality of major experimental design criteria used in CE. Specifically, we examine the impact of using different criteria on attribute non-attendance, choice variability, choice determinism and learning. 

To estimate the non-market value of biodiversity enhancement, a random parameters logit model with error components is used to analyse choice data collected from 209 respondents across New Zealand. The panel nature of the choice data set is exploited to calculate the marginal willingness-to-pay (WTP) for environmental attributes of each respondent. Panel random-effects regression models are subsequently employed to determine the factors that influence individual-specific WTP values. Results suggest that New Zealand taxpayers would be willing to pay $26.5 million per year for five years for a proposed biodiversity enhancement programme. Random effects regression analysis suggest that respondents living close to large planted forests (i.e., less than 10 kilometres away) would pay more for the programme. 

To study whether the selection of experimental design criterion affects attribute non-attendance and choice variability, we analyse a balanced sample with split designs. The balanced sample is composed of 1509 choice observations equally distributed across three experimental designs, namely: orthogonal, Bayesian D-efficient and optimal orthogonal. Results from latent class logit analysis suggest that tasks derived from the Bayesian D-efficient design (BDD) criterion are more attended than those derived from orthogonal and optimal orthogonal designs. Heteroskedastic logit analysis indicates that, unlike the two other designs, higher choice task complexity (as measured by entropy proxies) in the BDD does not increase choice variability of respondents. This is indicated by the absence of a significant increase in the variance of the Gumbel error in the choice data collected using BDD unlike the data collected using the two other criteria.

To study whether the three experimental designs vary in terms of choice determinism and task order effects, a separate analysis of the balanced data set using heteroskedastic logit models is undertaken. Results show that higher levels of choice task complexity (as measured by attribute dispersion proxies) in BDD contribute to increasing choice determinism of respondents but not in the orthogonal design. Choice data collected using BDD choice tasks exhibit a steady learning effect, unlike the other designs which do not exhibit any form of continuous learning. 

We conclude that the BDD criterion provides choice tasks that are superior compared to the other two design criteria. Choice data collected using this criterion has a higher quality as indicated by more attended choice tasks, lower choice variability and a pattern of continuous learning. These results point to a higher behavioural efficiency of respondents in evaluating complex choice tasks. However, these results might be specific to the choice data collected in this current study. We suggest that future studies should further investigate the impacts of different experimental designs to verify the findings of this study.

text: The Non-Market Value of Biodiversity Enhancement in New Zealand's Planted Forests This study investigates the non-market value of biodiversity enhancement in New Zealand’s planted forests using the stated choice experiments (CE) approach. This study focuses on two issues. One issue is policy orientated where we estimate the non-market value of biodiversity enhancement and the determinants of this value. The other issue is about the neutrality of major experimental design criteria used in CE. Specifically, we examine the impact of using different criteria on attribute non-attendance, choice variability, choice determinism and learning. 

To estimate the non-market value of biodiversity enhancement, a random parameters logit model with error components is used to analyse choice data collected from 209 respondents across New Zealand. The panel nature of the choice data set is exploited to calculate the marginal willingness-to-pay (WTP) for environmental attributes of each respondent. Panel random-effects regression models are subsequently employed to determine the factors that influence individual-specific WTP values. Results suggest that New Zealand taxpayers would be willing to pay $26.5 million per year for five years for a proposed biodiversity enhancement programme. Random effects regression analysis suggest that respondents living close to large planted forests (i.e., less than 10 kilometres away) would pay more for the programme. 

To study whether the selection of experimental design criterion affects attribute non-attendance and choice variability, we analyse a balanced sample with split designs. The balanced sample is composed of 1509 choice observations equally distributed across three experimental designs, namely: orthogonal, Bayesian D-efficient and optimal orthogonal. Results from latent class logit analysis suggest that tasks derived from the Bayesian D-efficient design (BDD) criterion are more attended than those derived from orthogonal and optimal orthogonal designs. Heteroskedastic logit analysis indicates that, unlike the two other designs, higher choice task complexity (as measured by entropy proxies) in the BDD does not increase choice variability of respondents. This is indicated by the absence of a significant increase in the variance of the Gumbel error in the choice data collected using BDD unlike the data collected using the two other criteria.

To study whether the three experimental designs vary in terms of choice determinism and task order effects, a separate analysis of the balanced data set using heteroskedastic logit models is undertaken. Results show that higher levels of choice task complexity (as measured by attribute dispersion proxies) in BDD contribute to increasing choice determinism of respondents but not in the orthogonal design. Choice data collected using BDD choice tasks exhibit a steady learning effect, unlike the other designs which do not exhibit any form of continuous learning. 

We conclude that the BDD criterion provides choice tasks that are superior compared to the other two design criteria. Choice data collected using this criterion has a higher quality as indicated by more attended choice tasks, lower choice variability and a pattern of continuous learning. These results point to a higher behavioural efficiency of respondents in evaluating complex choice tasks. However, these results might be specific to the choice data collected in this current study. We suggest that future studies should further investigate the impacts of different experimental designs to verify the findings of this study.

year: 2012