title: 'Freedom’s Ramparts on The Sea': The postcolonial New Zealand landscape and the quest for sustainability

authors: Morad, Munir

subjects: postcolonialism

abstract: New Zealand’s colonial legacy has had a major impact on the shape of its landscape. The European settlement of New Zealand transformed both the land itself as well as the tenure arrangements that had hitherto followed traditional Maori practices. The increasing political influence of the modem conservation movement in New Zealand has been mirrored by a parallel rise in Maori engagement with environmental issues. Land tenure claims brought by the Maori under the 1970’s Treaty of Waitangi Act have enabled an alliance of Maori and environmental interests to be forged. This linkage however is very recent, and if the current unsustainable land use practices are to be mitigated in New Zealand, a synthesis of the essential elements in both cultural traditions is necessary.
Culture shapes how people identify and evaluate elements of their environment, and influences their behaviour and experiences. At a more pragmatic level, culture provides the social infrastructure and institutions that determine how renewable land resources are used and managed. The authors highlight the links between postcolonial culture and landscape management in New Zealand, contrasting Pakeha-Maori points of view and attempting to mediate between these conflicting positions. These links are examined in the context of new social, economic and ecological forces that are shaping the country’s postcolonial landscape.

text: 'Freedom’s Ramparts on The Sea': The postcolonial New Zealand landscape and the quest for sustainability New Zealand’s colonial legacy has had a major impact on the shape of its landscape. The European settlement of New Zealand transformed both the land itself as well as the tenure arrangements that had hitherto followed traditional Maori practices. The increasing political influence of the modem conservation movement in New Zealand has been mirrored by a parallel rise in Maori engagement with environmental issues. Land tenure claims brought by the Maori under the 1970’s Treaty of Waitangi Act have enabled an alliance of Maori and environmental interests to be forged. This linkage however is very recent, and if the current unsustainable land use practices are to be mitigated in New Zealand, a synthesis of the essential elements in both cultural traditions is necessary.
Culture shapes how people identify and evaluate elements of their environment, and influences their behaviour and experiences. At a more pragmatic level, culture provides the social infrastructure and institutions that determine how renewable land resources are used and managed. The authors highlight the links between postcolonial culture and landscape management in New Zealand, contrasting Pakeha-Maori points of view and attempting to mediate between these conflicting positions. These links are examined in the context of new social, economic and ecological forces that are shaping the country’s postcolonial landscape.

year: 2003

title: The Application of the "Best Interests" Principle to Maori Children's Collective Cultural Rights: A Conceptual Shift for the New Zealand Family Court?

authors: Macbeth, Steven Alexander

subjects: "collective cultural rights"

abstract: Indigenous Peoples assert their collective rights in a world where Western liberal theory and individual rights dominate. International human rights law, however, increasingly recognises Indigenous Peoples collective rights in addition to their members’ individual rights. In 2007 the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples, which represents the most comprehensive acknowledgement of Indigenous Peoples collective rights within international law. In 2009 the Committee on the Rights of the Child issued under the United Nations Convention on the Rights of the Child General Comment No. 11 “Indigenous children and their rights under the Convention”. The Comment references the United Nations Declaration on the Rights of Indigenous Peoples as providing important guidance on the rights of indigenous children. The Comment provides authoritative guidance to State Parties that the application of the “best interests” principle to indigenous children under the Convention requires the assessment of indigenous children’s collective cultural rights and their need to exercise such rights collectively with members of their group, in addition to the indigenous children’s individual rights. Only then can the best interests of indigenous children be determined. 
As a State Party, New Zealand is obliged to implement the United Nations Convention on the Rights of the Child through legislation, judicial determinations and administrative processes. The best interests principle is already the paramount consideration and touchstone for judicial decision-making under the Children, Young Persons, and Their Families Act 1989 and Care of Children Act 2004. The Family Court of New Zealand (while making some inroads in the 1980s and 90s) has yet, however, to develop a coherent and robust approach to the assessment of Maori children’s collective cultural rights when applying the best interests principle as it is obliged to do. General Comment No. 11 and the United Nations Declaration on the Rights of Indigenous Peoples assist by providing authoritative guidance. They augment New Zealand’s family legislation, common law and social policy, which already acknowledge cultural rights and the collective nature of Maori familial relationships.
This paper looks beyond children’s individual rights and the universal application of such rights. It considers the assessment of Maori children’s collective cultural rights in addition to their individual rights under the best interests principle. Further, it analyses the relevant international and domestic authority the Family Court of New Zealand must consider when applying the best interests principle to Maori children, and the practical realities the recognition of Maori children’s collective cultural rights present. A conceptual shift by the Family Court and counsel is required. This paper urges the Family Court to develop the application of the best interests principle under the Care of Children Act 2004 and the Children Young Persons and Their Families Act 1989 to include the assessment of Maori children’s collective cultural rights in addition to their individual rights. In so doing the common law will reflect New Zealand’s unique history and circumstances, and comply with the United Nations Convention on the Rights of the Child. If it fails to do so, the Family Court risks being the subject of criticism for breaching the Convention, being out of sync with international human rights law, domestic legislation and social policy, and increasingly losing relevancy.

text: The Application of the "Best Interests" Principle to Maori Children's Collective Cultural Rights: A Conceptual Shift for the New Zealand Family Court? Indigenous Peoples assert their collective rights in a world where Western liberal theory and individual rights dominate. International human rights law, however, increasingly recognises Indigenous Peoples collective rights in addition to their members’ individual rights. In 2007 the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples, which represents the most comprehensive acknowledgement of Indigenous Peoples collective rights within international law. In 2009 the Committee on the Rights of the Child issued under the United Nations Convention on the Rights of the Child General Comment No. 11 “Indigenous children and their rights under the Convention”. The Comment references the United Nations Declaration on the Rights of Indigenous Peoples as providing important guidance on the rights of indigenous children. The Comment provides authoritative guidance to State Parties that the application of the “best interests” principle to indigenous children under the Convention requires the assessment of indigenous children’s collective cultural rights and their need to exercise such rights collectively with members of their group, in addition to the indigenous children’s individual rights. Only then can the best interests of indigenous children be determined. 
As a State Party, New Zealand is obliged to implement the United Nations Convention on the Rights of the Child through legislation, judicial determinations and administrative processes. The best interests principle is already the paramount consideration and touchstone for judicial decision-making under the Children, Young Persons, and Their Families Act 1989 and Care of Children Act 2004. The Family Court of New Zealand (while making some inroads in the 1980s and 90s) has yet, however, to develop a coherent and robust approach to the assessment of Maori children’s collective cultural rights when applying the best interests principle as it is obliged to do. General Comment No. 11 and the United Nations Declaration on the Rights of Indigenous Peoples assist by providing authoritative guidance. They augment New Zealand’s family legislation, common law and social policy, which already acknowledge cultural rights and the collective nature of Maori familial relationships.
This paper looks beyond children’s individual rights and the universal application of such rights. It considers the assessment of Maori children’s collective cultural rights in addition to their individual rights under the best interests principle. Further, it analyses the relevant international and domestic authority the Family Court of New Zealand must consider when applying the best interests principle to Maori children, and the practical realities the recognition of Maori children’s collective cultural rights present. A conceptual shift by the Family Court and counsel is required. This paper urges the Family Court to develop the application of the best interests principle under the Care of Children Act 2004 and the Children Young Persons and Their Families Act 1989 to include the assessment of Maori children’s collective cultural rights in addition to their individual rights. In so doing the common law will reflect New Zealand’s unique history and circumstances, and comply with the United Nations Convention on the Rights of the Child. If it fails to do so, the Family Court risks being the subject of criticism for breaching the Convention, being out of sync with international human rights law, domestic legislation and social policy, and increasingly losing relevancy.

year: 2015

title: Biomarker Detection in Association Studies: Modeling SNPs Simultaneously via Logistic ANOVA

authors: Jung, Yoonsuh

subjects: BIC

abstract: In genome-wide association studies, the primary task is to detect biomarkers in the form of Single Nucleotide Polymorphisms (SNPs) that have nontrivial associations with a disease phenotype and some other important clinical/environmental factors. However, the extremely large number of SNPs comparing to the sample size inhibits application of classical methods such as the multiple logistic regression. Currently the most commonly used approach is still to analyze one SNP at a time. In this pa- per, we propose to consider the genotypes of the SNPs simultaneously via a logistic analysis of variance (ANOVA) model, which expresses the logit transformed mean of SNP genotypes as the summation of the SNP effects, effects of the disease phenotype and/or other clinical variables, and the interaction effects. We use a reduced-rank representation of the interaction-effect matrix for dimensionality reduction, and employ the L1-penalty in a penalized likelihood framework to filter out the SNPs that have no associations. We develop a Majorization-Minimization algorithm for computational implementation. In addition, we propose a modified BIC criterion to select the penalty parameters and determine the rank number. The proposed method is applied to a Multiple Sclerosis data set and simulated data sets and shows promise in biomarker detection.

text: Biomarker Detection in Association Studies: Modeling SNPs Simultaneously via Logistic ANOVA In genome-wide association studies, the primary task is to detect biomarkers in the form of Single Nucleotide Polymorphisms (SNPs) that have nontrivial associations with a disease phenotype and some other important clinical/environmental factors. However, the extremely large number of SNPs comparing to the sample size inhibits application of classical methods such as the multiple logistic regression. Currently the most commonly used approach is still to analyze one SNP at a time. In this pa- per, we propose to consider the genotypes of the SNPs simultaneously via a logistic analysis of variance (ANOVA) model, which expresses the logit transformed mean of SNP genotypes as the summation of the SNP effects, effects of the disease phenotype and/or other clinical variables, and the interaction effects. We use a reduced-rank representation of the interaction-effect matrix for dimensionality reduction, and employ the L1-penalty in a penalized likelihood framework to filter out the SNPs that have no associations. We develop a Majorization-Minimization algorithm for computational implementation. In addition, we propose a modified BIC criterion to select the penalty parameters and determine the rank number. The proposed method is applied to a Multiple Sclerosis data set and simulated data sets and shows promise in biomarker detection.

year: 2014-06-12