6,165 results for Scholarly text

  • PFC Emission Management Guide

    Zhang, W; Siew, EF; Wong, D (2009)

    Scholarly text
    The University of Auckland Library

    Perfluorinated carbons (PFC), most notably CF4 and C2F6, are produced as by‐products in the Hall‐ Héroult electrolysis process for the production of primary aluminium. In the U.S. it is estimated that aluminium production represents the number one point source of fluorocarbon emissions, exceeding the semiconductor manufacturing industry and other miscellaneous sources. ...

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  • Fluoride Emission Management Guide (FEMG)

    Zhang, Wei (2011-02-01)

    Scholarly text
    The University of Auckland Library

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  • ICT for Development: sustainable technology-supported participatory development for poverty alleviation in the context of digital divides

    Blake, Adam; Quiros Garzon, M (2010-12)

    Scholarly text
    The University of Auckland Library

    Despite the recognized potentials of ICTs1 for alleviating poverty, still they are not equally accessible, leaving the poorest people behind (von Braun, 2010). There is a set of interrelated and continually unfolding factors influencing the field of ICT and its role in development (Chambers, 2010)...

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  • Maintaining international peace and security: The case for a responsibility not to veto

    Steevens, Hester (2016)

    Scholarly text
    Victoria University of Wellington

    This paper argues that the permanent members of the Security Council (the SC) should have a responsibility not to exercise their veto power when genocide, war crimes, crimes against humanity, or ethnic cleansing (together mass atrocities) are occurring or there is an imminent threat of them occurring. It looks at the origins of the SC and the evolution of the veto. It explains that the flaws associated with the veto threaten the legitimacy of the SC. It then discusses the concept of Responsibility to Protect (R2P) and links this to the veto power. The paper then investigates ways of reforming the veto. It shows that amendment is unlikely so other means need to be looked at. It investigates creative interpretation of the Charter, the Uniting for Peace resolution, and the creation of a code of conduct, and deems creating a code of conduct regulating veto use as the strongest of these options. The paper then analyses initiatives that limit the veto power before proposing a new code of conduct. The paper concludes that there needs to be a commitment by the permanent members of the SC to refrain from using the veto in mass atrocity situations.

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  • Central clearing and credit default swaps

    Cao, Tran Bao (2016)

    Scholarly text
    Victoria University of Wellington

    My interest in this research topic was inspired by the apparently global consensus on the mandate for central clearing in the credit default swaps market. At the first glance, the central clearing mechanism with its central counterparties is the hero who saved many market participants from substantial losses following Lehman Brother’s collapse. It was heralded for debunking the complex interconnection among financial counterparties and resolving Lehman Brother’s positions in a timely and orderly manner. Nonetheless, after coming into the spotlight, central counterparties raise significant concern about their potential to concentrate systemic risk and grown into ‘too important to fail’ institutions. Any collapse of a ‘too important to fail’ institution is undoubtedly disastrous and likely results in a cascade of defaults by other market participants. Therefore, it is highly questionable whether central clearing can ultimately maintain and protect the market robustness and sustainability. It is even criticised as the Maginot Line of the financial market for being a costly but inefficient bulwark and creating a “false sense of security”. Therefore, this research paper aims to address the aforementioned concern, whether the central clearing regime should be promoted to mitigate the counterparty risk even when it simultaneously propagates another type of systemic risk to the financial market. As the legal framework and the risk management practices of CCP have not been battle test, it is impossible to reach any final and ex post conclusion on the ultimate efficiency of CCP. Nevertheless, historically CCP managed to withstand severe market distress whereas currently policymakers and regulators are spending increasing efforts on addressing and mitigating the systemic risk concentrated through CCP. Compared to other alternative clearing infrastructures, it is evident that central clearing is the optimal approach to address the counterparty risk and to enhance the market stability. Further, the research demonstrates that despite central counterparties’ potential to concentrate and re-distribute systemic risk, their shortcomings and contagious fallouts are not insurmountable. They can be efficiently controlled and mitigated through the implementation of adequate regulations and supervision.

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  • The Dodd-Frank Act: Immortalising bailouts

    Smith, Claudia (2016)

    Scholarly text
    Victoria University of Wellington

    The Global Financial Crisis saw an unprecedented level of government intervention to save failing financial institutions. Bailouts became synonymous with the Crisis. Despite promises of “no more bailout”, international efforts to implement resolution regimes to resolve systemically important financial institutions have failed to solve the bailout issue. This paper examines the Dodd-Frank Act and concludes that instead of providing a pathway for large financial institutions to fail, it has enshrined too-big-to-fail and ensured bailouts will be there when needed. If regulators truly want to eliminate bailouts, too-big-to-fail institutions must be broken up. Until financial institutions become less systemically important, governments will have little choice other than to bail them out. In this light, Dodd-Frank’s Orderly Liquidation Fund is an inevitable but necessary bailout procedure that provides a more organised approach than emergency measures in the face of a severe crisis.

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  • Polynesian Lexicon Project Online

    Clark, David; Greenhill, SJ; Biggs, B (2010-06-15)

    Scholarly text
    The University of Auckland Library

    Pollex is a large-scale comparative dictionary of Polynesian languages. This is an online version of the POLLEX database previously listed.

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  • Secondary Sexting: A Restorative Framework for Understanding and Addressing the Harms of Sexting Behaviour among Secondary School Students

    Wicks, Emma (2017)

    Masters thesis
    Victoria University of Wellington

    In New Zealand there is a growing concern over the engagement of teenagers in sexting, especially so-called ‘secondary sexting’, the non-consensual distribution of intimate images. This thesis aims to analyse the behaviour of sexting through a restorative lens and to outline the role of restorative responses can make in a New Zealand context. It combines a review of international literature on the subject with a pilot study of senior students at a New Zealand secondary school, a school that has deemed itself to be a “restorative school”. The empirical study employs a mixed-methods approach. The quantitative phase involved students (n=125) in Year 11 -13 completing a survey to ascertain the prevalence of sexing and their attitudes towards criminalization of different types of sexting. The qualitative phase involved focus groups with students (n=13), one-on-one interviews with staff (n=7) and parents (n=17) discussing how they would respond to a hypothetical scenario of secondary sexting. The study finds that although only a small percentage of students engaged in secondary sexting, secondary sexting is the cause of significant harm and there is need for an effective response. This thesis argues that restorative response has the most promise at addressing these harms. It also shows that applying a restorative framework to the analysis of the practice enables us to identify and challenge victim blaming tendencies in both popular opinion and official responses. It proposes that for New Zealand to adequately respond to sexting there needs to be a shift away from viewing secondary sexting as a result of poor choices to one that focuses on respectful relationships and the obligations that go with them.

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  • Working towards an ideal inclusive education model for refugee background people with disabilities in New Zealand

    Croft, Lucy (2016)

    Masters thesis
    Victoria University of Wellington

    New Zealand accepts up to 750 refugees per annum, with a category for refugees with disabilities, as part of its quota obligation under the United Nations Convention relating to the Status of Refugees (1957) (Immigration New Zealand, 2016). Immigration New Zealand’s Refugee Resettlement Strategy states that education is one of the main priorities with helping refugees resettle in New Zealand (Immigration New Zealand, 2013) Although there is some literature available on refugee background people and education in New Zealand, there is little focus on refugee background people with disabilities in education. This research explores how inclusive education spaces for refugee background people with disabilities could be implemented, and perceptions surrounding disability and inclusion. In order to gain insights into the perceptions of people involved in policy or practice with refugee background people with disabilities, I used a feminist, qualitative methodology, and conducted semi-structured interviews with 11 participants who worked in education provision, non-government or government organisations that worked with refugee background people. These participants were interviewed in Auckland (n = 4), Wellington (n = 3) and Melbourne, Australia (n = 4). The Australian participants were interviewed in order to provide an alternative view to their New Zealand counterparts, although the primary focus was on New Zealand. My findings suggest that participant perceptions of disability and inclusion generally followed social and medical models of disability, but rarely ecological. Participants who have direct experience with disability of refugee background people had more carefully constructed ideas. Based on participant answers, I developed an ideal inclusive education model encompassing physical, relational and pedagogical spaces, which could be applicable to refugee background people with disabilities. The thesis findings informs existing theoretical models and understanding of inclusive education spaces, and encourages greater inclusion of refugee background people with disabilities in education in New Zealand.

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  • Dialogic regulation for OTC derivatives in Dodd-Frank: a suggested legal principle

    Lee, Hock Beng (2016)

    Scholarly text
    Victoria University of Wellington

    The purpose of this paper is to consider whether the regulatory measures on over the counter (OTC) derivatives under Article VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (Dodd-Frank), introduced in the United States of America are able to address the problems posed by the said OTC derivatives instruments. The financial instruments engineered by OTC derivatives prior to the financial crisis of 2008 were and are still widely deployed for the purported purpose of hedging against risk. Examples of such risks are: fluctuation in currency rates or commodity prices or default risk in loans payment. However, such financial instruments are also employed for speculation on the fluctuation of the currency rates or the commodity prices or any other indices in the financial market. Its purpose is for higher financial yield. It is this latter aspect of the trade that OTC derivatives are more popular than exchange traded (ET) derivatives because the former is not subjected to regulatory control. They are therefore more flexible and tailored to the needs of the customers. And the costs of entering into OTC derivatives are less than ET derivatives because the latter are subjected to administrative and margins costs imposed by the exchanges. The popularity of the OTC derivatives market with the investors and speculators coupled with increasing new financial products - embedded with OTC derivatives elements, resulted in OTC derivatives to be traded at a phenomenally high level at the time of the crisis. According to Bruce Carruthers, in the United States, in 1986 the total value of ET derivatives was more than OTC derivatives. By 2008 the total value of OTC derivatives had become ten times greater than the ET derivatives even though the latter had increased by one hundred fold. Lynn Stout provided the numbers in the growth of OTC derivatives as follows: according to the Bank for International Settlements, at the end of 1999 the total notional value of OTC derivatives was approximately US$88 trillion. By 2008 the OTC market value had a value of about US$600 trillion. Major financial institutions and banks held a disproportionate amount of such instruments and their value could not be determined. They became a liability as opposed to instruments which provide insurance to risk. These factors which relate to the excesses of the trade, amongst others, brought about a systematic risk to the financial market.

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  • Meet the disaster: New Zealand's youth justice jurisdiction

    Croxford, Sarah (2016)

    Scholarly text
    Victoria University of Wellington

    This paper critically analyses the current youth justice system and whether the upper age of the system should extend to include 17 year-olds. This paper also analyses care and protection in New Zealand. This is because youth justice issues, and care and protection issues, tend to intertwine as a number of children and young people who are in care are also involved in the youth justice system. The Children, Young Persons and Their Families Act 1989 requires amendment to extend the upper age of youth justice, for reasons such as its failure to adequately provide for vulnerable children and young people in New Zealand, reduce offending and reoffending rates, and support Maori and Pacifica. More changes than one are required, but extending the jurisdiction to include 17 year olds will help to achieve issues such as: New Zealand’s international obligations regarding the United Nations Convention of the Rights of the Child, domestic legislative inconsistencies, brain science, community involvement, employment, prevention, high Maori offending rates, recidivism, public attitude, better public service targets, cost, volume in the system, and the perception of the youth justice system being soft on crime. Overall, increasing the upper age of youth justice in New Zealand will be a significant and sufficient long term investment.

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  • Someone Commented on Your Facebook Post: When will Online Intermediaries be Liable as Publishers of Third Party Defamatory Content?

    Morrison, George (2016)

    Scholarly text
    Victoria University of Wellington

    This paper attempts to simplify the liability of online intermediaries as publishers of third party defamatory content that they host. It proposes that due to two significant gaps in the Harmful Digital Communications Act 2015, the law of defamation must be reformed to provide predictable outcomes for intermediaries. The author offers solutions under two headings: the period before an intermediary has knowledge of third party content; and the period after which the intermediary becomes aware of its existence. For the former, this paper proposes that the innocent dissemination defence is reformed to apply to online intermediaries. For the latter, the author asserts that personal and commercial operators should be held to different knowledge standards leading to liability, based on traditional defamation principles. Furthermore, this paper assesses the control that an intermediary might exercise over their content, and attempts to reconcile this with a knowledge-based approach. It also introduces the principle of severance, which European Union and United Kingdom case law apply to define precisely the content for which the intermediary is liable. Lastly, this paper examines how reform has worked in the United Kingdom, before proposing statutory reform to the Defamation Act 1992 in Appendix A.

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  • Bail, reverse presumptions and family violence: Examining the implications of a presumption against bail in the family violence jurisdiction

    Eckersley, Kerrin (2017)

    Scholarly text
    Victoria University of Wellington

    There has been a traditional presumption in favour of granting bail and this has been premised on the basis that defendant's are presumed innocent until proven guilty and have a right to be released from detention unless just cause exists to continue that detention. Over time that presumption has been incrementally eroded by legislation imposing a reversal of the general presumption in favour of bail and this has occurred most often in reaction to high profile criminal offending. These legislative amendments have mainly affected those accused of serious offending (such a murder, treason and espionage) and recidivist violent and property offenders. There is a question now however about whether a subtle revers presumption is operative in the family violence jurisdiction for all defendants charged with "family violence". This query arises as a result of recent changes to the bail procedures in that court. Is a reverse presumption is operative the follow up question is how that sits with a defendant's NZBORA rights and how appropriate it is that these changes have not come about via legislative amendment. This paper explores the history of reverse presumptions in New Zealand's bail legislation and examines the changes to the family violence procedure. The conclusion reached is that it is arguable the Porirua Court is approaching bail in the family violence jurisdiction from a presumption against bail and that, in the circumstance, absent full NZBORA vetting that approach is inappropriate. It is further opined that, is this is the direction the pending amendments to the Bail Act 2000 are heading, it is likely NZBORA betting will confirm that a blanket reverse bail presumption for offending categorised as "family violence" is an unjustified limitation on a defendant's NZBORA rights.

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  • An Anthropological Journey of Belonging: Somali Women Re-Imagine Home in Wellington, New Zealand

    Luxford, Shani (2016)

    Masters thesis
    Victoria University of Wellington

    This thesis provides insights into refugee-background Somali women’s active productions of belonging in New Zealand, after resettlement in Wellington communities. It explores how Somali women actively negotiate belonging between three key processes: place, identity and acceptance. It does this by situating their resettlement in the context of the Somali civil conflict. I argue that home in New Zealand is based on emotional and physical attachments to multiple locales across space and time, as enacted and embodied through performances of ‘Somali woman’ identities across social fields. I show how intersectional differences produce diverse experiences of re-imagining home, and the ways that a ‘Somali woman’ identity is changing through the actions of ‘edgewalking’ participants. It also explores how belonging is a two-sided process that is affected by discourses of tolerance in New Zealand. This thesis is structured through both anthropological and feminist frameworks and thus emphasises the voices and positions of the participants at all times. The understandings presented here unfolded from interviews with eight participants, four Somali women and four non-Somalis who had extensive connections with the Somali community. Using the stories from these eight participants, this thesis demonstrates the importance of the homeland, Somaliness and tolerance in creating a sense of belonging in Wellington communities after resettlement processes.

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  • Domain Specific Lateralization of the Frontal Processes Informing Inhibition: A TMS Study

    Nielsen, Kristopher (2017)

    Masters thesis
    Victoria University of Wellington

    Response inhibition is the suppression of actions that are inappropriate given some wider context or goal, a capacity that is vital for everyday functioning. In this thesis the theoretical backdrop of executive functioning is discussed, before exploring current research into response inhibition and its neural underpinnings. A theory by Mostofsky and Simmonds (2008) holds that when the decision to inhibit a behavior is a complex one, task dependent parts of an inhibitory network in the prefrontal cortex are utilized. The current thesis argues on the basis of observed biases in the literature, for the possibility that this task dependent engagement features domain specific lateralization. In order to investigate this, a transcranial magnetic stimulation [TMS] experiment is then presented where four go/no-go tasks, spread across language and spatial domains in complex and simple forms, are performed following TMS. Stimulation sites include the right posterior inferior frontal gyrus, the left posterior inferior frontal gyrus, and sham stimulation. Results are then discussed, however implications are limited, likely due to low statistical power.

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  • The ‘Varsity Player’: The Interplay of Culture, Control and Resistance around the Consumption of Alcohol at a New Zealand University Sports Club

    Bryant, Todd (2017)

    Masters thesis
    Victoria University of Wellington

    The consumption of alcohol has a strong association with sport. Its’ appeal is based on a belief that consuming alcohol can prove the commitment of an individual to their team, bring about team cohesion, and provide a rite of passage through which an individual can be accepted. However, sports’ relationship with alcohol is problematic, with research identifying a number of detrimental physiological, psychological, and sociological effects this relationship can have on both individuals and society. This thesis explores these dynamics through a case study analysis of a university sports club. It draws on Barker’s (1993) concept of normative control to examine the connections between the use of alcohol and the development and control of the club’s culture. Using data collected from semi structured interviews with club members, findings are presented that illustrate how alcohol consumption is used as a cultural practice to educate, reinforce, and discipline club members to conform to a desired identity, known as the ‘varsity player’. The application of normative control is a novel contribution to the sport and alcohol literature. The thesis also seeks to contribute to the literature on normative control by examining the way in which club members resisted aspects of the club’s cultural practices around alcohol and facilitated change.

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  • Can justice be found in secret? A critique of the proposed use of closed material proceedings in New Zealand

    Morgan, Breanna (2016)

    Scholarly text
    Victoria University of Wellington

    Closed material proceedings operating under the Justice and Security Act 2013 (UK) exclude non-Government parties, their counsel and the public in proceedings to protect the secrecy of national security material. The excluded party is represented in proceedings by a special advocate. The New Zealand Law Commission recommended the general adoption of closed material proceedings after concluding that current procedures which protect sensitive information in New Zealand are unsatisfactory. This paper reflects on the existing mechanisms available to protect sensitive information and argues closed material proceedings cannot fairly balance national security with the principles of open and natural justice, in achieving a fair outcome for both parties. The irreducible minimum standards of procedural justice must still be respected in national security cases. The common law doctrine of public interest immunity has the potential for being a sophisticated tool to dealing with sensitive information in national security cases.

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  • Quantitative PCR Analysis of the Bartonella henselae carD Gene during Bacterial Stress

    Simmonds, Jacob (2016)

    Masters thesis
    Victoria University of Wellington

    The Bartonella genus is comprised of arthropod-borne, intracellular bacterial pathogens that colonise the mammalian bloodstream. A large number of mammalian species are hosts for one or more Bartonella species, as either reservoir or incidental hosts. Bartonella species are only able to invade and replicate in host red blood cells in the reservoir host, and to be taken up by an associated haematophagous arthropod vector to complete transmission and the bacterial life cycle. Humans are the reservoir hosts for B. quintana and B. bacilliformis, and are incidental hosts for more than 16 additional zoonotic Bartonella species, including B. henselae, which is normally carried by cats. B. henselae infection, usually acquired through cat scratches or bites, can result in several clinical manifestations, with varying degrees of severity; the most common of these is cat scratch disease, where symptoms commonly range from enlarged lymph nodes to severe fever. Although usually a mild illness, B. henselae infection can occasionally lead to severe symptoms, affecting neurological and other major organ systems. During their life cycle the Bartonellae must adapt to various toxic host environments; such adaptation is mediated by several bacterial stress pathways, which modify bacterial transcription. However, many gaps remain in the understanding of B. henselae stress response pathways. The object of this study, the carD gene, was identified as a possible component of the Bartonella stress response. The carD gene has been shown to be critical for stress defence in other bacterial species, including Mycobacterium tuberculosis, Thermus thermophilus, and Myxococcus xanthus. Our study aimed to investigate whether carD played as significant a role during the B. henselae response to stresses as it does in other bacterial genera. We first attempted to perform growth comparisons between a B. henselae carD mutant strain and a wild type strain during exposure to stress conditions; however, our mutagenic carD plasmid interfered with bacterial growth of Escherichia coli cultures, which hindered transformation and generation of a B. henselae carD mutant. As an alternative, we investigated the expression of B. henselae carD under stress conditions, comparing carD expression during stress against a non-stressed B. henselae control, using quantitative PCR. We found no significant difference of expression of the carD gene between the control and any of our conditions, although a trend of increased carD expression was found in several stress conditions. We believe that these findings merit further study into the role of carD in the B. henselae stress response.

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  • Health and Safety at Work Act 2015: Intention, implementation and outcomes in the hill country livestock farming industry

    Neal, Bronwyn Patricia (2016)

    Scholarly text
    Victoria University of Wellington

    The recently enacted Health and Safety at Work Act 2015 is intended to apply across all industries in New Zealand. The unique workplace environment and industry culture of the hill country livestock farming sector makes application, implementation and enforcement of the Act in this context uniquely challenging. In contrast to other industries the hill country livestock farming industry has an uncontained workplace complicated by family and public involvement. WorkSafe, as a “fair, consistent and engaged” regulator, seeks to establish health and safety as one of the industry’s key cornerstones alongside lifestyle, profit and sustainability. Results to date have been undermined by WorkSafe’s conflicting enforcement, engagement and education functions. There is a perceived misplaced focus on enforcement of low probability, periphery hazards rather than the key risks that cause accidents. This paper explains the implications of significant changes under the Act for the industry. It also recommends legislative adaptations to address the inadequacies of the farming exception in s 37. An alternative WorkSafe strategy that focuses on effecting compliance through supply chain demand and economic drivers rather than enforcement is also outlined.

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  • Minimising winners to give more to losers: An analysis of New Zealand's voidable transaction regime in light of Fisk v McIntosh

    Opacic, Nina (2016)

    Scholarly text
    Victoria University of Wellington

    Fisk v McIntosh brings light to pertinent issues within New Zealand’s voidable transaction regime, an integral component of the country’s insolvency law framework. The case concerns a payment received by an innocent investor upon exiting a Ponzi scheme. The scheme’s liquidator has claimed the entirety of the payment as a voidable transaction under the Companies Act 1993. The High Court and Court of Appeal held that the sum of the original investment can be retained, but any profits must be returned. This paper analyses the Courts’ interpretation of the defence provision under the voidable transaction regime and discusses the true meaning of “value” under the Act. The tension between upholding commercial confidence and treating unsecured creditors equally is highlighted. It is argued that courts must give priority to commercial confidence and fairness to individual creditors over a remorseless application of parity-based logic wherever a payment has a preferential effect. It concludes that in order to maintain clarity in New Zealand’s company law and ensure its purpose is upheld, creditors should remain entitled to keep payments received in good faith, for which they provided real and substantial value.

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