title: The academic as fiduciary: More than a metaphor

authors: Mackinnon, Ken

subjects: law

abstract: There is increasing interest in the role of the university teacher, both from a pedagogic point of view and from a legal one.  The first part of this article looks at various pedagogic models or metaphors of the relationship between the academic and the student.  It concludes that thinking of the relationship as a “fiduciary” one is a useful metaphor, drawn from the law.  The main part of the article returns to the legal (or equitable) origins of that concept.  Building on the case law and commentary from Canada, New Zealand, Australia and the UK, the article explores what would be required to bring the obligations of the academic to students within the legal/equitable definition of fiduciary obligations owed by academics to their students.  The conclusion is that even if we do not want to force the extension of enforceable fiduciary obligations to encompass the academic-student relationship, the adoption of those obligations by academics should be part of “best practice”.

text: The academic as fiduciary: More than a metaphor There is increasing interest in the role of the university teacher, both from a pedagogic point of view and from a legal one.  The first part of this article looks at various pedagogic models or metaphors of the relationship between the academic and the student.  It concludes that thinking of the relationship as a “fiduciary” one is a useful metaphor, drawn from the law.  The main part of the article returns to the legal (or equitable) origins of that concept.  Building on the case law and commentary from Canada, New Zealand, Australia and the UK, the article explores what would be required to bring the obligations of the academic to students within the legal/equitable definition of fiduciary obligations owed by academics to their students.  The conclusion is that even if we do not want to force the extension of enforceable fiduciary obligations to encompass the academic-student relationship, the adoption of those obligations by academics should be part of “best practice”.

year: 2007

title: An investigation into battered women’s shelters: feminist cooperatives or social service institutions, case studies of Canada and New Zealand

authors: Gilson, Dorothy

abstract: The battered women’s movement has faced challenges and experienced tensions. The establishment of ongoing government funding for the battered women’s movement was significant as shelters which were established as feminist collective organisations were transformed into hierarchical and bureaucratic organisations. This study has examined both the external constraints and the internal dynamics that have impacted on the movement’s transformation through two case studies, one Canadian transition house and one New Zealand refuge. More specifically the study has explored the influence of external funding and internal factors on the social change agenda that feminist collective organisations support.

The study has drawn on empirical and historical data derived from the transition house and the refuge and from documents and the academic/research literature. These have provided an understanding of the impact of the external environment, particularly governments, (and in New Zealand the influence of the refuge movement, through the National Collective of Independent Women’s Refuges Inc. (NCIWR)) on the two shelters. The study examines to what degree they have been able to balance the exacting requirements that governments impose whilst remaining feminist organisations and social change agents.

The relationship with the external environment (that is, with governments and non-government organisations) impacted differently for the transition house and the refuge in the study. The transition house focused on sustainability issues by ensuring that it maintained and expanded its resource base. In its engagement practices with government it sought and negotiated opportunities for expanding services for battered women and children as well as promoting feminist principles. Internally the transition house accommodated the characteristics of bureaucracy within its operations, its service delivery models and its staff, as it met the challenge of changes in women’s needs and responded to funding opportunities and requirements. For the refuge, which was undergoing transformation during the research period, it was the tensions that were salient as a result of bureaucracy replacing a collective structure. The internal changes were influenced by the external environment which through government and non-government intervention imposed governance, administrative, financial and service delivery requirements within a funding environment that prohibited innovation and participation. These changes strained the refuge’s internal governance/staff relationship and undermined its feminist framework, which was the justification for the original structure and practice.

When feminist organisations and the battered women’s movement experience transformation processes they may increase internal conflict and organisational instability with the loosening of shared values and experiences and a breakdown in participatory and collaborative systems. Although transformation processes may be detrimental to these organisations due to the bureaucratic and hierarchical structures instituted, there can be positive outcomes. Government funding provides stability and sustainability. Bureaucratic structures can provide effective infrastructures for managing externally-imposed governance, administrative and service delivery systems. For feminist organisations and shelters, balancing these structures with policies and processes that reflect and reinforce their feminist philosophy and collectivity is not just an ideal, but critical. Through such expressions of strength these organisations can continue to promote social change as an organisational objective as well as using it to negotiate external constraints so that they continue to retain their autonomy and independence as well as promulgate a feminist philosophy externally.

text: An investigation into battered women’s shelters: feminist cooperatives or social service institutions, case studies of Canada and New Zealand The battered women’s movement has faced challenges and experienced tensions. The establishment of ongoing government funding for the battered women’s movement was significant as shelters which were established as feminist collective organisations were transformed into hierarchical and bureaucratic organisations. This study has examined both the external constraints and the internal dynamics that have impacted on the movement’s transformation through two case studies, one Canadian transition house and one New Zealand refuge. More specifically the study has explored the influence of external funding and internal factors on the social change agenda that feminist collective organisations support.

The study has drawn on empirical and historical data derived from the transition house and the refuge and from documents and the academic/research literature. These have provided an understanding of the impact of the external environment, particularly governments, (and in New Zealand the influence of the refuge movement, through the National Collective of Independent Women’s Refuges Inc. (NCIWR)) on the two shelters. The study examines to what degree they have been able to balance the exacting requirements that governments impose whilst remaining feminist organisations and social change agents.

The relationship with the external environment (that is, with governments and non-government organisations) impacted differently for the transition house and the refuge in the study. The transition house focused on sustainability issues by ensuring that it maintained and expanded its resource base. In its engagement practices with government it sought and negotiated opportunities for expanding services for battered women and children as well as promoting feminist principles. Internally the transition house accommodated the characteristics of bureaucracy within its operations, its service delivery models and its staff, as it met the challenge of changes in women’s needs and responded to funding opportunities and requirements. For the refuge, which was undergoing transformation during the research period, it was the tensions that were salient as a result of bureaucracy replacing a collective structure. The internal changes were influenced by the external environment which through government and non-government intervention imposed governance, administrative, financial and service delivery requirements within a funding environment that prohibited innovation and participation. These changes strained the refuge’s internal governance/staff relationship and undermined its feminist framework, which was the justification for the original structure and practice.

When feminist organisations and the battered women’s movement experience transformation processes they may increase internal conflict and organisational instability with the loosening of shared values and experiences and a breakdown in participatory and collaborative systems. Although transformation processes may be detrimental to these organisations due to the bureaucratic and hierarchical structures instituted, there can be positive outcomes. Government funding provides stability and sustainability. Bureaucratic structures can provide effective infrastructures for managing externally-imposed governance, administrative and service delivery systems. For feminist organisations and shelters, balancing these structures with policies and processes that reflect and reinforce their feminist philosophy and collectivity is not just an ideal, but critical. Through such expressions of strength these organisations can continue to promote social change as an organisational objective as well as using it to negotiate external constraints so that they continue to retain their autonomy and independence as well as promulgate a feminist philosophy externally.

year: 2001

title: Ko ia tonu te rangatira o tana mauri: Ko te Mauritau hei tohu o te puāwaitanga o Te Aho Matua i te Kura Kaupapa Māori o Hoani Waititi Marae

authors: Angeli-Gordon, Joni Māramatanga

abstract: Ko te mauri te wāhanga wairua o te tangata e whakahihiri i te tinana me te tūhonohono nei i te wairua ki te kikokiko. Ko te mauri te wāhanga ora o te tangata, ā, i te roanga atu o te oranga o te tangata ka rerekē te tau o te mauri nā ngā awenga o tōna ao. Ko te Mauritau te wā e ita pai ana te wairua ki te kikokiko. Kua whai ngātahitanga ērā mea e rua. Kei tōna ito, ki te Mauritau te tangata, e wātea ana ia, kāhore ōna taumaha, ka mutu e tuwhera ana ia ki tōna ao. Ko tā Te Aho Matua, ka whakatō te mauri ki te tangata i te whakatōnga o te kākano ki te kōpū. Ko te Mauritau tētahi āhuatanga kāhore anō kia tino rangahau, ā, he iti noa ngā wā te kite atu ki te puna mātātuhi, heoi anō, ka rangona whānuitia ki Te Kura Kaupapa Māori o Hoani Waititi Marae. Ko tā tēnei kaupapa rangahau, ko te Mauritau tētahi o ngā puāwaitanga matua o Te Aho Matua, ā, kua taupuhipuhi nei ki ngā whakaaro o rātou i whai wāhi nei ki tēnei kaupapa rangahau. Ko te manako nui o tēnei kaupapa rangahau ko te whakawhānui i te mōhioranga mō ngā hua o ngā Kura Kaupapa Māori mā te ruku hōhonu ki te Mauritau i te whānau o Te Kura Kaupapa Māori o Hoani Waititi Marae.  

Kua whā tekau tau neke atu kua hipa mai i te orokotīmatanga o ngā Kura Kaupapa Māori, otirā, te Kura Kaupapa Māori o Hoani Waititi Marae. Ko te tino take o ngā Kura Kaupapa Māori ko te whakarauora reo me te whakarauora tikanga, heoi anō, he tini me te mano ngā angitutanga, ngā painga kua puta mai i ēnei kura tua atu i ēnei whāinga e rua. Ko Te Aho Matua te tūāpapa ā-mātāpono mō ngā Kura Kaupapa Māori e whakawhārikihia ngā uaratanga matua kia whakatutuki i ngā wawata nui, i ngā ōhākī nui ā kui mā, a koro mā mō te orangatonutanga o te reo Māori me ngā tikanga Māori. Ko tā tēnei kaupapa rangahau, ko te Mauritau tētahi āhuatanga i puāwai i ngā kura Aho Matua, ā, ka kitea rawatia tēnei puāwaitanga ki Te Kura Kaupapa Māori o Hoani Waititi. 

He Rangahau Kaupapa Māori tēnei, ā, i tārai i ngā tikanga me ngā tukanga o te kaupapa rangahau nei kia Māori te karawhiu. Ko Te Aho Matua me ōna uaratanga e tū hei pou whakawhirinaki i te Kaupapa Rangahau Māori. E rua ngā tukanga i whāia e te tuhikura nei, arā, ko te iāna me te puawānanga. Ko te iāna tētahi kupu mino nō Te Tai Tokerau mō te kōrero ōpaki, ā, kua iāna tahi ki ngā pakeke tokowhitu nō te whānau o Te Kura Kaupapa Māori o Hoani Waititi Marae. Ko te puawānanga he wānanga ki ngā ākonga tokowhitu o te reanga tuakana o te wharekura kia āta wherawhera i ngā āhuatanga o te Mauritau ki a rātou. I te whakaraupapatia ngā kōrero i puta mai i ngā iāna me te puawānanga mā ngā uaratanga o Te Aho Matua.

text: Ko ia tonu te rangatira o tana mauri: Ko te Mauritau hei tohu o te puāwaitanga o Te Aho Matua i te Kura Kaupapa Māori o Hoani Waititi Marae Ko te mauri te wāhanga wairua o te tangata e whakahihiri i te tinana me te tūhonohono nei i te wairua ki te kikokiko. Ko te mauri te wāhanga ora o te tangata, ā, i te roanga atu o te oranga o te tangata ka rerekē te tau o te mauri nā ngā awenga o tōna ao. Ko te Mauritau te wā e ita pai ana te wairua ki te kikokiko. Kua whai ngātahitanga ērā mea e rua. Kei tōna ito, ki te Mauritau te tangata, e wātea ana ia, kāhore ōna taumaha, ka mutu e tuwhera ana ia ki tōna ao. Ko tā Te Aho Matua, ka whakatō te mauri ki te tangata i te whakatōnga o te kākano ki te kōpū. Ko te Mauritau tētahi āhuatanga kāhore anō kia tino rangahau, ā, he iti noa ngā wā te kite atu ki te puna mātātuhi, heoi anō, ka rangona whānuitia ki Te Kura Kaupapa Māori o Hoani Waititi Marae. Ko tā tēnei kaupapa rangahau, ko te Mauritau tētahi o ngā puāwaitanga matua o Te Aho Matua, ā, kua taupuhipuhi nei ki ngā whakaaro o rātou i whai wāhi nei ki tēnei kaupapa rangahau. Ko te manako nui o tēnei kaupapa rangahau ko te whakawhānui i te mōhioranga mō ngā hua o ngā Kura Kaupapa Māori mā te ruku hōhonu ki te Mauritau i te whānau o Te Kura Kaupapa Māori o Hoani Waititi Marae.  

Kua whā tekau tau neke atu kua hipa mai i te orokotīmatanga o ngā Kura Kaupapa Māori, otirā, te Kura Kaupapa Māori o Hoani Waititi Marae. Ko te tino take o ngā Kura Kaupapa Māori ko te whakarauora reo me te whakarauora tikanga, heoi anō, he tini me te mano ngā angitutanga, ngā painga kua puta mai i ēnei kura tua atu i ēnei whāinga e rua. Ko Te Aho Matua te tūāpapa ā-mātāpono mō ngā Kura Kaupapa Māori e whakawhārikihia ngā uaratanga matua kia whakatutuki i ngā wawata nui, i ngā ōhākī nui ā kui mā, a koro mā mō te orangatonutanga o te reo Māori me ngā tikanga Māori. Ko tā tēnei kaupapa rangahau, ko te Mauritau tētahi āhuatanga i puāwai i ngā kura Aho Matua, ā, ka kitea rawatia tēnei puāwaitanga ki Te Kura Kaupapa Māori o Hoani Waititi. 

He Rangahau Kaupapa Māori tēnei, ā, i tārai i ngā tikanga me ngā tukanga o te kaupapa rangahau nei kia Māori te karawhiu. Ko Te Aho Matua me ōna uaratanga e tū hei pou whakawhirinaki i te Kaupapa Rangahau Māori. E rua ngā tukanga i whāia e te tuhikura nei, arā, ko te iāna me te puawānanga. Ko te iāna tētahi kupu mino nō Te Tai Tokerau mō te kōrero ōpaki, ā, kua iāna tahi ki ngā pakeke tokowhitu nō te whānau o Te Kura Kaupapa Māori o Hoani Waititi Marae. Ko te puawānanga he wānanga ki ngā ākonga tokowhitu o te reanga tuakana o te wharekura kia āta wherawhera i ngā āhuatanga o te Mauritau ki a rātou. I te whakaraupapatia ngā kōrero i puta mai i ngā iāna me te puawānanga mā ngā uaratanga o Te Aho Matua.

year: 2023