title: A guide to business law by W Dowler and C Miles [Book Review]

authors: Manyam, Joel

abstract: This article review the book “A Guide to Business”, by W. Dowler and C. Miles.

text: A guide to business law by W Dowler and C Miles [Book Review] This article review the book “A Guide to Business”, by W. Dowler and C. Miles.

year: 2001

title: FHR European Ventures LLP v Cedar Capital Partners LLC

authors: Chevalier-Watts, Juliet

abstract: The question for the United Kingdom Supreme Court was whether a bribe or secret commission received by an agent could be held by the agent on trust for his principle, or whether the principle merely had a claim in equitable compensation for a sum equal in value to the bribe or the commission. This was a very important decision, not least because it has given rise to a great deal of academic commentary and judicial inconsistency over the last 200 years. The decision is also important in practical terms. If the bribe/commission is held on trust for the principle, then the principle has a proprietary claim to it, whereas if the claim results merely in equitable compensation, then there is no proprietary claim. This difference is important because if the agent becomes insolvent, then the proprietary claim would give the principle priority over the agent’s unsecured creditors. Whereas if the claim were for equitable compensation, then the principle would rank equally with other unsecured creditors, or pari passu. Further, if there is a proprietary claim, then the principle may trace in equity, whereas an equitable compensatory claim will have no right to trace in equity.

text: FHR European Ventures LLP v Cedar Capital Partners LLC The question for the United Kingdom Supreme Court was whether a bribe or secret commission received by an agent could be held by the agent on trust for his principle, or whether the principle merely had a claim in equitable compensation for a sum equal in value to the bribe or the commission. This was a very important decision, not least because it has given rise to a great deal of academic commentary and judicial inconsistency over the last 200 years. The decision is also important in practical terms. If the bribe/commission is held on trust for the principle, then the principle has a proprietary claim to it, whereas if the claim results merely in equitable compensation, then there is no proprietary claim. This difference is important because if the agent becomes insolvent, then the proprietary claim would give the principle priority over the agent’s unsecured creditors. Whereas if the claim were for equitable compensation, then the principle would rank equally with other unsecured creditors, or pari passu. Further, if there is a proprietary claim, then the principle may trace in equity, whereas an equitable compensatory claim will have no right to trace in equity.

year: 2014

title: Monitoring te mana o te wai: Intergrating an indigenous cultural health index with conventional biomonitoring tools for improved freshwater management

authors: Edgecombe, Shana Jade Te Iaa Tarere

subjects: Freshwater

abstract: Globally, there are universal efforts to quantify and address human impacts on ecosystems. In particular, changes in land use and river regulation have led to drastic declines in stream and river ecosystem health. These human impacts are driving the global freshwater biodiversity crisis and degrade ecosystem services provided by aquatic habitats. In Aotearoa New Zealand there is widespread concern about the state of our Nation’s freshwater ecosystems. Coupled with a renaissance in Māori culture, there has been a drive to develop indicators that help articulate cultural values, assess ecosystem health from a cultural perspective, and provide greater agency for Māori in environmental monitoring and management. In my thesis, I sought to integrate an established cultural monitoring framework with conventional biomonitoring tools for improved freshwater management. I hypothesized that using a suite of monitoring approaches would help detect the impacts of human land use on stream ecosystem health, and that cultural indicators would be consistent with conventional measures in diagnosing land use impacts. I also hypothesized that there could be discrepancies between cultural monitoring and conventional approaches, as each represent different perspectives and ways of knowing streams and rivers. 
To test my hypotheses, I selected ten stream sites across the catchment of the Kuratau River, a major tributary of Lake Taupō. Based on River Environment Classification land cover types, I used a balanced study design with five sites draining indigenous forest, and five sites draining pastoral land. I measured key stream physicochemical properties and collected water samples for determination of nutrient concentration and faecal coliform counts. I also characterised instream and riparian habitat. I collected benthic macroinvertebrate samples and sampled water for environmental DNA (eDNA) to assess different facets of biodiversity. I measured decomposition using the Cotton Strip Assay and quantified periphyton biomass using a portable fluorometer. In combination with these approaches, I also used a Cultural Health Index, an established cultural monitoring framework that assesses three components: customary significance, taonga species/mahinga kai (food gathering), and the Cultural Stream Health Measure (CSHM) to assess identified attributes for stream health.
I found that pastoral land uses lead to a decline in stream ecosystem health when compared to sites draining indigenous forest. Pastoral sites had higher specific conductivity and concentrations of total nitrogen and nitrate. Habitat variables changed, with increased sedimentation and more degraded riparian zones in pastoral streams. Decomposition rates as measured by the cotton strip assay increased in the pasture sites, which was likely a response to increased nutrient availability. There were shifts in macroinvertebrate composition, with key indicator taxa for Indigenous forest sites including pollution-sensitive mayflies and stoneflies. Total taxa, EPT (Ephemeroptera, Plecoptera, Trichoptera), and aquatic insect richness all significantly declined in pastoral sites. Increases in primary production were less pronounced, but did increase alongside abundances of grazing caddisflies and snails in the sites draining pastoral catchments. 
The Cultural Health Index indicated that sites in the Kuratau River catchment had customary and mahinga kai values. CSHM responded negatively to pastoral land uses, and the effect size it described was congruent with other responses. The CSHM was strongly correlated with an indicator of riparian habitat condition (the Riparian Condition Index) and had weak negative correlations with sedimentation and stream temperatures. The CSHM was not correlated with macroinvertebrate indices, which may have been because of the relatively few sites sampled, the narrow impact gradient in the Kuratau catchment, and the lack of temporal replication. However, cultural monitoring approaches should be seen to complement conventional environmental monitoring methods for assessing freshwater and not be expected to duplicate them. The strength of the Cultural Health Index approach comes from establishing Māori agency to assess the environment through a Te Ao Māori lens, and to support and foster inclusion for tangata whenua epistemologies in environmental monitoring and resource management. Future research should consider greater hapū involvement and further explore the mechanisms driving changes in stream health and biodiversity.

text: Monitoring te mana o te wai: Intergrating an indigenous cultural health index with conventional biomonitoring tools for improved freshwater management Globally, there are universal efforts to quantify and address human impacts on ecosystems. In particular, changes in land use and river regulation have led to drastic declines in stream and river ecosystem health. These human impacts are driving the global freshwater biodiversity crisis and degrade ecosystem services provided by aquatic habitats. In Aotearoa New Zealand there is widespread concern about the state of our Nation’s freshwater ecosystems. Coupled with a renaissance in Māori culture, there has been a drive to develop indicators that help articulate cultural values, assess ecosystem health from a cultural perspective, and provide greater agency for Māori in environmental monitoring and management. In my thesis, I sought to integrate an established cultural monitoring framework with conventional biomonitoring tools for improved freshwater management. I hypothesized that using a suite of monitoring approaches would help detect the impacts of human land use on stream ecosystem health, and that cultural indicators would be consistent with conventional measures in diagnosing land use impacts. I also hypothesized that there could be discrepancies between cultural monitoring and conventional approaches, as each represent different perspectives and ways of knowing streams and rivers. 
To test my hypotheses, I selected ten stream sites across the catchment of the Kuratau River, a major tributary of Lake Taupō. Based on River Environment Classification land cover types, I used a balanced study design with five sites draining indigenous forest, and five sites draining pastoral land. I measured key stream physicochemical properties and collected water samples for determination of nutrient concentration and faecal coliform counts. I also characterised instream and riparian habitat. I collected benthic macroinvertebrate samples and sampled water for environmental DNA (eDNA) to assess different facets of biodiversity. I measured decomposition using the Cotton Strip Assay and quantified periphyton biomass using a portable fluorometer. In combination with these approaches, I also used a Cultural Health Index, an established cultural monitoring framework that assesses three components: customary significance, taonga species/mahinga kai (food gathering), and the Cultural Stream Health Measure (CSHM) to assess identified attributes for stream health.
I found that pastoral land uses lead to a decline in stream ecosystem health when compared to sites draining indigenous forest. Pastoral sites had higher specific conductivity and concentrations of total nitrogen and nitrate. Habitat variables changed, with increased sedimentation and more degraded riparian zones in pastoral streams. Decomposition rates as measured by the cotton strip assay increased in the pasture sites, which was likely a response to increased nutrient availability. There were shifts in macroinvertebrate composition, with key indicator taxa for Indigenous forest sites including pollution-sensitive mayflies and stoneflies. Total taxa, EPT (Ephemeroptera, Plecoptera, Trichoptera), and aquatic insect richness all significantly declined in pastoral sites. Increases in primary production were less pronounced, but did increase alongside abundances of grazing caddisflies and snails in the sites draining pastoral catchments. 
The Cultural Health Index indicated that sites in the Kuratau River catchment had customary and mahinga kai values. CSHM responded negatively to pastoral land uses, and the effect size it described was congruent with other responses. The CSHM was strongly correlated with an indicator of riparian habitat condition (the Riparian Condition Index) and had weak negative correlations with sedimentation and stream temperatures. The CSHM was not correlated with macroinvertebrate indices, which may have been because of the relatively few sites sampled, the narrow impact gradient in the Kuratau catchment, and the lack of temporal replication. However, cultural monitoring approaches should be seen to complement conventional environmental monitoring methods for assessing freshwater and not be expected to duplicate them. The strength of the Cultural Health Index approach comes from establishing Māori agency to assess the environment through a Te Ao Māori lens, and to support and foster inclusion for tangata whenua epistemologies in environmental monitoring and resource management. Future research should consider greater hapū involvement and further explore the mechanisms driving changes in stream health and biodiversity.

year: 2024