5,979 results for Scholarly text

  • Assumptions or accurate justifications? A critical analysis of the Select Committee report on the Manukau City Council (Regulation of Prostitution in Specified Places) Bill 2010

    Sandom, Akane (2015)

    Scholarly text
    Victoria University of Wellington

    In 2010 the then Manukau City Council proposed a local Bill to Parliament, the Manukau City Council (Regulation of Prostitution in Specified Places) Bill. This Bill targeted the perceived negative consequences of street-based prostitution that existed within Manukau City. The Bill authorised the Manukau City Council to make bylaws that would specify certain places in the district where street-soliciting of prostitution could not occur. The Bill failed at its Second Reading, following a report by the Local Government and Environment Select Committee recommending that it not be passed. The three main justifications given by the Select Committee to this result are discussed in this paper and are determined as to whether they were accurate and appropriate, or if they were rather mere assumptions. These justifications are that existent laws provided a sufficient solution, the Bill would be an implicit amendment to the Prostitution Reform Act 2003, and that the Bill would face enforcement problems if enacted. This paper finds that while the majority of the justifications given by the Select Committee were accurate, this did not stand true for all their reasoning. Ultimately it is argued that greater scrutiny must be given to Select Committee reports.

    View record details
  • Barriers to uptake and use of data sharing systems at the University of Auckland - Identification of differences in researcher and academic librarian perceptions

    Simons, Joanne Leigh (2016)

    Scholarly text
    Victoria University of Wellington

    Research Problem: To identify the differences in researcher and academic librarian perception of barriers to the uptake of data sharing systems by researchers at the University of Auckland in order to address all possible barriers during implementation and improve researcher use of new systems. Methodology: This study has a cross-sectional research design, using a mixed methods research strategy, in particular a sequential exploratory design where preliminary interviews with researchers and academic librarians informed the construction of an online survey tool distributed more widely to researchers and academic librarians within the University of Auckland. Statistical significance testing was performed using the Mann-Whitney U test. Results: 103 survey responses were received from researchers, and 18 from academic librarians. There were observable differences in the relative impact assigned by researchers and librarians to the various factors that influence researcher decisions to share data. There are also significant differences in the perceptions of barriers to data-sharing between research disciplines. Implications: There may be a need to improve communications between the library and researchers with regards to the tools and services that they can offer. Library staff may need additional training in support of University researchers, as a proportion did not feel confident answering questions about researcher data-sharing. The research discipline differences in perceptions of barriers to data-sharing mean that a “one-size fits all” strategy for education in and marketing of these services will not be the most effective strategy to address concerns and increase researcher engagement.

    View record details
  • Revenge porn or consent and privacy: An analysis of the Harmful Digital Communications Act 2015

    Smith, Claudia (2015)

    Scholarly text
    Victoria University of Wellington

    In response to the growing concern around the use of new technology to cause harm, Parliament passed the Harmful Digital Communications Act 2015. On target of the Act was the phenomenon of revenge porn, the non-consensual publication of intimate images. This paper analyses the amendments to pre-existing legislation and the new civil and criminal provisions created under the Act. This paper argues that the Act fails to provide adequate protection to victims of revenge porn. In critiquing the Act, this paper looks at the harm that is caused to victims of revenge porn and the gap within the pre-existing law that resulted in inadequate protection. This paper concludes that the Harmful Digital Communications Act does not effectively address the harm of revenge porn or bridge the gap left by the previous law. The failure to enact specific legislation, to target the non-consensual publication of intimate material, has resulted in an ineffective law in relation to revenge porn. In order to address the invasion of privacy and violation of consent, the provision should be founded on an expectation of privacy in the intimate content rather than the context or place in which it was taken.

    View record details
  • Getting the definition of 'consumer' right - Worrying about the smaller ones in Fiji

    Khatri, Bhumika (2016)

    Scholarly text
    Victoria University of Wellington

    This paper argues that the definition of consumer in Fiji should be broadened to include the micro and small enterprises (MSEs). A survey conducted by the National Centre for Small and Micro Enterprises Development in Fiji provides a deep insight into the operation of MSEs in Fiji. The survey findings reveal that MSEs are vulnerable and could be easily exploited by larger companies in the market. One of the ways in which MSEs could be protected is by providing them with the consumer-level protection. This paper argues that MSEs are eligible for consumer protection because like consumers, they also have poor bargaining power, less expertise in making an informed purchasing decision and significant difficulties in seeking remedies against the large suppliers. The paper further contends that the definition of consumer must not only be widened in the general consumer protection law but in the consumer credit legislation and with respect to unfair contract terms too. The arguments against the proposal to broaden the definition are that all businesses, regardless of their size, should be treated the same, there are other relevant laws for the protection of business-consumers and that it would put extra burden on the suppliers, many of whom are small businesses themselves. The paper ends with a draft definition of consumer which includes domestic consumers, micro businesses, whether purchasing for business use or re-sale and small businesses purchasing for business consumption.

    View record details
  • Executing a u-turn: Withdrawal and secondary party liability following Ahsin v R

    Ladyman, Alex (2015)

    Scholarly text
    Victoria University of Wellington

    This article analyses the conceptual nature of withdrawal from secondary participation in crime under section 66 of the Crimes Act 1961. The majority in Ahsin v R held the recognition of withdrawal must be as a ‘true’ defence, and was unable to negate the elements of s 66 because it could not undo the completed actus reus at the point of participation. This required the majority to clarify or alter the legal elements of section 66, which then indicate the derivative basis of s 66 liability to be on an association of the secondary party to the principal. This view is questionable in light of underlying principles of secondary liability and criminal law generally. This article advocates that in order to establish sufficient moral culpability and fault, some connection from the secondary party to the offence should be required. This connection can be broken if the secondary party fully neutralises his participation before the offence is committed. Withdrawal would therefore be able negate the elements of the offence. Policy reasons may have motivated the majority to reject this conclusion, however this approach is arguably more consistent with secondary party liability in New Zealand and in other jurisdictions.

    View record details
  • ‘Who are we trying to protect?’ The role of vulnerability analysis in New Zealand’s law of negligence

    Fletcher, Scott William Hugh (2015)

    Scholarly text
    Victoria University of Wellington

    New Zealand has incorporated ideas of vulnerability within its law of negligence for some years. It has not, however, clarified what is meant by vulnerability or the role the concept plays within the broader duty of care framework. Several obiter comments in Body Corporate No 207624 v North Shore City Council (Spencer on Byron) suggest the concept ought not to be part of the law due to its uncertain and confusing nature. Subsequent cases have, however, continued to use the concept, and continue to use it despite both its historically ill-defined nature and the additional uncertainty added by Spencer on Byron. This essay argues that vulnerability can and ought to be a part of New Zealand negligence law. With a consistent adoption of a single test for vulnerability–that established in the High Court of Australia in Woolcock Street Investments Pty Ltd v CDG Pty Ltd (Woolcock)–vulnerability can be a conceptually certain concept that provides useful insight into the issues posed by the law of negligence.

    View record details
  • From equality to equity: The pursuit of pay equity under the Equal Pay Act 1972

    Miles, Grace Catherine (2015)

    Scholarly text
    Victoria University of Wellington

    In 2014, the Court of Appeal considered if pay equity was also protected under the Act. In this paper I analyse and critique that decision. It seeks to answer two fundamental questions about the case and wider issues surrounding pay equity. First, it asks whether a mandate does exist under the Act requiring the provision of pay equity. Is the Act restricted to a narrow pay equality interpretation, or is it wide enough to encapsulate pay equity? The conclusion will be reached that little light is shed on the position of pay equity from an interpretation of the statute. Both the inclusion and exclusion of pay equity remain open interpretations. A realist explanation will argue a policy decision, in the absence of an interpretative answer, is driving factor of the Court of Appeal’s findings. The second question looks to the natural continuation of the current case and asks what should be the avenue through which pay equity is pursued. This is a normative inquiry. Litigation will be considered under both a traditional and strategic approach. The alternate solutions of a legislative and an unregulated market will also be investigates. It will be argued that judicial inclusion of pay equity under the Equal Pay Act is undesirable. Instead, dedicated legislation would prove the most effective means of achieving pay equity.

    View record details
  • Anonymous online speech: Striking a balance between accountability and the right to freedom of expression

    Doyle, Charlotte (2015)

    Scholarly text
    Victoria University of Wellington

    The Internet enables individuals to speak anonymously with unprecedented ease. As a result there has been a global increase of anonymous online speakers which raises unique legal regulatory challenges. For the purpose of ensuring anonymous online speakers are held accountable for harmful speech, the Harmful Digital Communications Act 2015 in New Zealand introduces a remedial measure which empowers the District Court to order the disclosure of an anonymous online user’s identity. This paper seeks to draw attention to issues concerning an individual’s use of anonymity online to exercise their right to freedom of expression. The paper concludes by providing recommendations on how the courts can effectively balance this right against the principle of accountability which guides the disclosure orders in a manner which is compliant with the Bill of Rights.

    View record details
  • Responses to censorship issues at Auckland Public Library 1920-1940

    Walker, Pauline Jean (2001)

    Scholarly text
    Victoria University of Wellington

    This report examines how historical responses to censorship issues have influenced the development of contemporary intellectual freedom ideology through an analysis of censorship challenges and responses at Auckland Public Library during the years 1920-1940. Sociological theories related to the development of public libraries and to the development of librarianship as a profession are considered. The Remarque case of 1929 is identified as a pivotal moment in the development of contemporary intellectual freedom ideology among New Zealand librarians. Three key conclusions are made. Some librarians in New Zealand during the 1920s and 1930s saw censorship as part of their role. There was tension between a public expectation that entertaining fiction should be provided by the public library and the librarian's belief that the public library's primary purpose was education and cultural advancement. Although there was some opposition to librarians as censors, New Zealand librarianship had not yet advanced towards a definite understanding that the public library should be for all. This is evidence that New Zealand librarianship was developing in much the same way as its British and American counterparts, who at this time were also negotiating the librarian's role in selection and censorship issues.

    View record details
  • Direct-to-Consumer Genetic Testing in New Zealand

    Jochem, Helena (2016)

    Scholarly text
    Victoria University of Wellington

    This paper examines the direct-to-consumer genetic testing industry against the background of the current regulatory framework in New Zealand. Direct-to-consumer genetic testing refers to genetic testing services sold directly to consumers mainly via the Internet without the involvement of health care professionals. This paper focuses on disease predisposition genetic tests that calculate a personal risk to develop a disease based on genetic information. After an analysis of the peculiarities of DTC genetic testing services, the paper contrasts the main arguments for no further state intervention with the concerns about DTC genetic testing that call for more governmental oversight. The main part of the paper argues that the current partial coverage of the existing regulatory framework in New Zealand is insufficient. The paper presents possible recommendations for legislative reform, taking into account recently released details regarding a new Therapeutic products Bill.

    View record details
  • The Trans-Pacific Partnership - A bane or boon to corporate social responsibility?

    Ariyaratne, Nilupuli (2016)

    Scholarly text
    Victoria University of Wellington

    This paper examines the possible positive and negative effects that the Trans-Pacific Partnership (TPP) can have on Corporate Social Responsibility (CSR). Accordingly, the thesis will analyse these effects to determine whether the TPP could ultimately serve as a tool for improving or crippling the CSR practices of corporations within TPP States.

    View record details
  • A discussion regarding a partial shift in the burden of proof in sexual violence offending in New Zealand: The search for justice on behalf of complainants

    Sinclair, Bridget Alice Foster (2015)

    Scholarly text
    Victoria University of Wellington

    A reversal in the burden of proof in regards to sexual violence cases is an issue that has been discussed and debated both publically and politically. The focus of this paper involves a reversal in the burden of proof in regards to the mens rea element. A defendant in a sexual violence trial would be compelled to testify as to why they reasonably believed consent to have existed. The standard this element would need to be proved to would be on the balance of probabilities. In this paper I offer a critique of the current criminal justice process and outline how a partial reversal in the burden of proof could directly address the most pressing concerns for complainants of sexual violence. I argue that this proposal is certainly worth informed discussion and public debate. My overarching argument consists of the recognition that sexual violence is a prevalent and detrimental issue in New Zealand society and requires immediate address. It is therefore important that useful discussions such as the reversal of the burden of proof receive attention.

    View record details
  • Writing fan fiction and copyright infringement under New Zealand law: A case study perspective

    Lim, Tze Ping (2015)

    Scholarly text
    Victoria University of Wellington

    It may seem straightforward to show that writing fan fiction constitutes copyright infringement, because fan fiction authors copy the fictional characters and worlds of copyright owners to write fictional stories, and it is an infringement of copyright to make an unauthorized copy of a substantial part of a copyright work. The paper seeks to rebut that proposition in two ways using a case study. The case study assesses whether a particular Harry Potter fan fiction infringes JK Rowling’s copyright in one of her Harry Potter books. Firstly, the copyright infringement analysis can be complicated when the fan fiction is derivative of several copyright works, because copyright infringement only looks at whether one work is infringed. Secondly, even if that fan fiction is infringing, there is a good case to argue that the author has done fair dealing for the purposes of critism and review, and so is a permitted act.

    View record details
  • Colouring our voices: An exploration of ethnic diversity in genre fiction

    Leong, Lynette (2015)

    Scholarly text
    Victoria University of Wellington

    Research problem: This study investigated the reading, writing, and publishing experiences of ethnically diverse writers of diverse popular fiction (romance and speculative fiction), and the role libraries played for writers in learning to write and build their career in Western publishing. In exploring the difficulties and supporting factors writers experienced, it sought to understand how libraries could play a part in encouraging more diversity in popular fiction. Methodology: Research adopted a Critical Race Methodology in conducting problem-centred qualitative interviews with 12 authors via Skype/face-to-face/email. Data was analysed using thematic analysis with an inductive, latent, essentialist/realist approach. Results: Major themes identified were: It’s more than just a story; What we talk about when we talk about ‘diverse’ stories; Diverse stories are invisible/‘too’ visible; The same… but more; Libraries become invisible/opaque; Libraries as gatekeepers. Diverse writers shared common difficulties and supports as non-diverse writers, but difficulties unique to diverse writers often stemmed from perceptions of diverse stories, which presented barriers to readers and publishers. Promotion by story elements, rather than diversity, could overcome some barriers, and conversations and communities were important for support. A lack of diverse stories and promotion contributed to difficulties. Libraries contributed positively to most writers’ development early on, but had less of a role/less effective roles later. Implications: Libraries need to be more visible overall, play a more proactive role in working with writers, be more aware of diversity issues, and promote diverse stories in a way that appeals to all readers. Being part of open conversation about diversity with readers and writers can assist libraries in meeting their needs, and help push for greater diversity in popular fiction.

    View record details
  • Data for Surf's Sake - Illustrating a subculture through interactive data visualisation and action sports trackers

    Everitt, Matthew (2016)

    Masters thesis
    Victoria University of Wellington

    Over the last two years action sports trackers have emerged for those seeking thrills in risk-taking sports (Mitchell, 2014). The data generated by these trackers is creating digitised representations of communities participating in action sports such as surfing. The surfing database comprises of activity all over the globe, and due to its size and complexity it can be categorised as big data. Understanding this complex database requires specific data visualisation methods which visually map relationships and patterns. This research asked: can an interactive data visualisation illustrate hierarchical, nomadic, and experiential aspects of the surfing subculture? This thesis is based on ethnographic research which focuses on exploring qualitative visualisations of the quantitative databases generated by action sports trackers for surfing. The research focused on the design of data visualisations which explored contemporary methods and principles of data visualisation and their applicability to communicate aspects of the surfing subculture. This manifested in the design of an interactive web application, Gone Surfing, which focused on global, local, and personal views which communicate Stranger’s (2011) substructure model of the surfing subculture. The hierarchical, nomadic, and experiential aspects of the surfing subculture are only known from long term immersion in the subculture itself. This design made these aspects explicit through the visualisation of the database. For example, pilgrimage’s to revered surfing locations and hierarchy within local communities, and a surfer’s relationship with the waves are forms of implicit knowledge which were made explicit. The final creative output, Gone Surfing, visualises these aspects in an interactive web application consisting of global, local, and personal views to each communicate an aspect effectively. The interactive visualisation allows non-surfers to explore the subculture while enhancing a surfer’s understanding of their position within the surfing nation.

    View record details
  • Proceed, with caution: Law reform, judicial review and the judicature modernisation bill

    Watkins, Morgan David (2015)

    Scholarly text
    Victoria University of Wellington

    The Judicature Modernisation Bill 2013 re-enacts the operative provisions of the Judicature Amendment Act 1972. This paper analyses the re-enacted provisions, concluding that the reform will be largely successful relative to a goal of “non-substantive reform”. However, this paper argues that there were significant defects in the legislative process leading to reform, especially in terms of parliamentary scrutiny of judicial review. In a context of a fused executive-legislative branch of government, it is highly inappropriate to legislate for judicial review without adequate consideration of the effects on judicial review powers and processes. This paper argues that judicial review procedure should not be contained in statute in order to prevent undue legislative interference.

    View record details
  • Smart Tray: Speculating The Future New Zealand Dining Experience

    Levy, Joe (2016)

    Masters thesis
    Victoria University of Wellington

    This research proposes a design solution that embraces New Zealander’s proclivity for pervasive digital technology and that aims to meet the needs and desires of the future Kiwi dining experience. This research proposition is directed by an approach that situates itself between future forecasting and speculative design, whereby the design output is viable while simultaneously capable of provoking critical reflection about the future of design as it relates to domestic dining appliances. The development of a design solution, the Smart Tray, encapsulates these aims and has been guided by a comprehensive investigation into the points of connection that exist between culture, technology, design and social behaviour. The Smart Tray seeks to acknowledge New Zealand’s history while embodying its contemporary domestic dining culture in proposing an appliance-device that embraces digital technology as part of the everyday dining experience. This research has been supported by the application of various methodologies inclusive of the critical review of academic literature that has functioned to frame and support the scope of the research proposition; case studies in which a selection of Kiwi households have been interviewed, observed, and their behaviours analysed in order to gain a greater understanding of contemporary dining habits and their relationship with pervasive digital technologies at home; and iterative design development inclusive of concept sketching, sketch modelling, experience prototyping, and user feedback. Although this research is contextualised within New Zealand, the general research outcomes are applicable to a wide market. The outputs produced as a result of this research, including the exegesis and design of the final Smart Tray, are intended to offer a valuable critical perspective and viable future design solution that will aid in furthering the professional field of dining design.

    View record details
  • Improving Clustering Methods By Exploiting Richness Of Text Data

    Wahid, Abdul (2016)

    Doctoral thesis
    Victoria University of Wellington

    Clustering is an unsupervised machine learning technique, which involves discovering different clusters (groups) of similar objects in unlabeled data and is generally considered to be a NP hard problem. Clustering methods are widely used in a verity of disciplines for analyzing different types of data, and a small improvement in clustering method can cause a ripple effect in advancing research of multiple fields. Clustering any type of data is challenging and there are many open research questions. The clustering problem is exacerbated in the case of text data because of the additional challenges such as issues in capturing semantics of a document, handling rich features of text data and dealing with the well known problem of the curse of dimensionality. In this thesis, we investigate the limitations of existing text clustering methods and address these limitations by providing five new text clustering methods--Query Sense Clustering (QSC), Dirichlet Weighted K-means (DWKM), Multi-View Multi-Objective Evolutionary Algorithm (MMOEA), Multi-objective Document Clustering (MDC) and Multi-Objective Multi-View Ensemble Clustering (MOMVEC). These five new clustering methods showed that the use of rich features in text clustering methods could outperform the existing state-of-the-art text clustering methods. The first new text clustering method QSC exploits user queries (one of the rich features in text data) to generate better quality clusters and cluster labels. The second text clustering method DWKM uses probability based weighting scheme to formulate a semantically weighted distance measure to improve the clustering results. The third text clustering method MMOEA is based on a multi-objective evolutionary algorithm. MMOEA exploits rich features to generate a diverse set of candidate clustering solutions, and forms a better clustering solution using a cluster-oriented approach. The fourth and the fifth text clustering method MDC and MOMVEC address the limitations of MMOEA. MDC and MOMVEC differ in terms of the implementation of their multi-objective evolutionary approaches. All five methods are compared with existing state-of-the-art methods. The results of the comparisons show that the newly developed text clustering methods out-perform existing methods by achieving up to 16\% improvement for some comparisons. In general, almost all newly developed clustering algorithms showed statistically significant improvements over other existing methods. The key ideas of the thesis highlight that exploiting user queries improves Search Result Clustering(SRC); utilizing rich features in weighting schemes and distance measures improves soft subspace clustering; utilizing multiple views and a multi-objective cluster oriented method improves clustering ensemble methods; and better evolutionary operators and objective functions improve multi-objective evolutionary clustering ensemble methods. The new text clustering methods introduced in this thesis can be widely applied in various domains that involve analysis of text data. The contributions of this thesis which include five new text clustering methods, will not only help researchers in the data mining field but also to help a wide range of researchers in other fields.

    View record details
  • The Financial Markets Conduct Act 2013: How accessible is accessory liability

    Radburn, Crosby (2015)

    Scholarly text
    Victoria University of Wellington

    With the enactment of the Financial Markets Conduct Act 2013, New Zealand’s securities law has been revolutionised. This essay focuses on the introduction of accessory liability for any person “involved in a contravention” under s 533. Historically the standard for civil accessory liability has been unclear, with New Zealand currently using two different approaches. This article reviews relevant cases from Australia and New Zealand and forms a view on the appropriate standard for liability under s 533. To assess the reach of s 533, the conclusions are then tested by application to three previous cases.

    View record details
  • Criminalising "revenge porn": Did the Harmful Digital Communications Act get it right?

    Upperton, Theresa Jacqueline (2015)

    Scholarly text
    Victoria University of Wellington

    This essay examines the problem of revenge pornography (“revenge porn”) in New Zealand. It argues that the Harmful Digital Communications Act 2015 provides an insufficient remedy due to its broad wording, and that the intention and harm requirements of the offence are problematic. This essay advocates for the introduction of a specific revenge porn offence to be inserted into the New Zealand Crimes Act 1961. It begins by exploring revenge porn’s impact on victims, and discusses the current legal remedies available here and in comparative jurisdictions. It then proposes a new offence that would focus on the elements of the revenge porn act itself, rather than requiring that the perpetrator intends to cause harm and that the victim actually suffers harm. This essay argues that the introduction of such an offence would provide an effective deterrent for initial and subsequent disclosers of revenge porn alike, and clarify the scope of revenge porn in New Zealand for victims, perpetrators, and the courts. Further, such an offence would place a reasonable limit on freedom of expression and send a clear social message as to revenge porn’s criminal nature.

    View record details