569 results for Scholarly text, 2013

  • A Palladium-Catalysed Allylic Alkylation Cascade: Towards the Total Synthesis of Thromboxanes A₂ and B₂

    Turner, Claire Alison (2013)

    Masters thesis
    Victoria University of Wellington

    The design and development of new chemical reactions is crucial to the ongoing success of organic synthesis research. In this work the scope and utility of a recently discovered regioselective palladium-catalysed allylic alkylation (Pd-AA) cascade was explored through increasing the range of non-symmetric pyran-based biselectrophiles and β-dicarbonyl bis-nucleophiles that can be used in this reaction. Four differentially protected tri-substituted dihydropyrans based on glucose were synthesised, including 2,3-unsaturated silyl glycosides and α,β-unsaturated lactones. These substrates were assessed as bis-electrophiles in the Pd-AA cascade. One silyl glycoside bis-electrophile, possessing a carbonate leaving group, was shown to be an excellent substrate for reaction with a number of cyclic bis-nucleophiles. Furthermore, a series of regioisomeric methylated 4-hydroxycoumarins were synthesised, tested and found to be equally effective as bis-nucleophiles in the Pd-AA cascade with both acyclic and cyclic bis-electrophiles. Advances made during this research include a novel Ferrier reaction with silanol nucleophiles, which was found to produce silyl glycosides, albeit in low yields. Additionally, several Perlin aldehydes were generated by the Ferrier-type hydrolysis of 3,4,6-tri-O-acetyl-D-glucal and led to the discovery of discrepant structural assignments in the literature. Furthermore, a ¹³C NMR shielding template was generated as a tool for the stereochemical assignment of tri-substituted dihydropyrans. An extended variant of the Pd-AA cascade was achieved by employment of the bisnucleophile Meldrum’s acid with the optimal tri-substituted bis-electrophile in the presence of H₂O. The reaction afforded a γ-butyrolactone that could serve as a potential intermediate en route to the synthesis of the biologically interesting compounds thromboxanes A₂ and B₂. This extended Pd-AA cascade, although currently unoptimised, is capable of performing five synthetic transformations in one-pot and holds the potential to improve on the current syntheses of the thromboxanes.

    View record details
  • The impacts of Meta Data Management on Social Dynamics: A Research Case Study

    Mayberry, Torrance (2013)

    Scholarly text
    Victoria University of Wellington

    Meta data management practices often overlook the role social dynamics play in harnessing the value of an organisation’s unique business language and the behaviours it creates. Using evidence from literature, interviews and cognitive ethnography, this research case sets out to explain the impacts of meta data management on social dynamics. The emerging themes (that is, newness, continual adaption, engagement tension, production tension, inefficiency and unreliability) represent salient factors by which organisations can be constrained in exploiting the worth of their meta data. This research emphasises the critical importance of organisations having a deeper understanding of the purpose and meaning of information. This understanding is a strength for creating value and for exploiting the worth arising in networks and in the social dynamics created within those networks. This strength contributes to organisations’ economic growth and is interdependent with their ability to manage complex phenomenon in a growing interconnected society.

    View record details
  • Collaborative Software Visualization in Co-located Environments

    Anslow, Craig (2013)

    Doctoral thesis
    Victoria University of Wellington

    Most software visualization systems and tools are designed from a single-user perspective and are bound to the desktop and IDEs. These design decisions do not allow users to analyse software collaboratively or to easily interact and navigate visualizations within a co-located environment at the same time. This thesis presents an exploratory study of collaborative software visualization using multi-touch tables in a co-located environment. The thesis contributes a richer understanding of how pairs of developers make use of shared visualizations on large multi-touch tables to gain insight into the design of software systems. We designed a collaborative software visualization application, called Source-Vis, that contained a suite of 13 visualization techniques adapted for multi-touch interaction. We built two large multi-touch tables (28 and 48 inches) following existing hardware designs, to explore and evaluate SourceVis. We then conducted both qualitative and quantitative user studies, culminating in a study of 44 professional software developers working in pairs. We found that pairs preferred joint group work, used a variety of coupling styles, and made many transitions between coupling and arrangement styles. For collaborative group work we recommend designing for joint group work over parallel individual work, supporting a flexible variety of coupling styles, and supporting fluid transitions between coupling and arrangement styles. We found that the preferred style for joint group work was closely coupled and arranged side by side. We found some global functionally was not easily accessible. We found some of the user interactions and visual interface elements were not designed consistently. For the design of collaborative software visualizations we recommend designing visualizations for closely coupled arrangements with rotation features, providing functionality in the appropriate locality, and providing consistent user interactions and visual interface design. We found sometimes visualization windows overlapped each other and text was hard to read in windows. We found when pairs were performing joint group work the size of the table was appropriate but not for parallel individual. We found that because the table could not differentiate between different simultaneous users that some pair interactions were limited. For the design of multi-touch tables we recommend providing a high resolution workspace, providing appropriate table space, and differentiating between simultaneous user interactions.

    View record details
  • The intraovarian cellular origins of GDF9 and BMP15 in the mouse and aspects of their biological properties

    Mester, Brigitta (2013)

    Doctoral thesis
    Victoria University of Wellington

    Bone morphogenetic protein 15 (BMP15) and growth differentiation factor 9 (GDF9) are both members of the TGF-ß protein superfamily and are known to be essential for normal follicular development in mammals. Several studies have highlighted the species-specific effects of BMP15 and GDF9, which could be attributed, at least in part to the differences in the follicular expression patterns and to different forms of the secreted proteins. In the mouse, GDF9 is required for follicular development, whereas BMP15 appears to be only required near ovulation with contradictory reports as to the timing of BMP15 expression. However, mouse BMP15 and GDF9 are known to have the capability of acting together synergistically. The aims of this thesis were to characterise in the mouse ovary, the expression patterns (localisation and levels) of Bmp15 and Gdf9 mRNA throughout follicular development, and to determine the peri-ovulatory expression of the corresponding proteins. In situ hybridisation and quantitative PCR analyses of ovarian samples and follicular cells collected from control and superovulated mice confirmed that Gdf9 and Bmp15 mRNA are expressed exclusively in oocytes from primary and early secondary stage follicles respectively. qPCR analysis of denuded oocytes (DO) revealed a tight correlation, and therefore co-regulation, between the expression levels of Bmp15 and Gdf9 irrespective of follicular developmental stage, with steady expression until the preovulatory LH surge when down-regulation of Bmp15 and Gdf9 occurred. Throughout the follicular developmental stages examined, Gdf9 was expressed in greater abundance relative to Bmp15, with a Bmp15:Gdf9 mRNA ratio of 1:4.12. [...] In conclusion, oocyte-derived Bmp15 and Gdf9 mRNA expression is co-regulated throughout follicular development in mice, with Gdf9 being more abundant than Bmp15, which might be an important factor in determining high ovulation quota. The expression of the target genes is down-regulated as the oocyte reaches developmental competence following the preovulatory LH surge. Protein expression data provided evidence that in vivo the immature mouse oocyte is capable of secreting all BMP15 protein forms previously detected in vitro. After the preovulatory LH surge, all visible protein forms are associated with the somatic follicular cells, in particular with the expanded cumulus mass. Of particular interest is the presence of the large protein complexes in the cumulus cell lysates, which suggests a storage and activation process involving ECM proteins, similar to the mechanism reported for other TGF-ß superfamily members, such as TGF-ß1 and myostatin. The finding that the BMP15 precursor protein is biologically active with a different activity to that of the processed mature protein form suggests that the full-length precursor protein may regulate or provide at least a portion of the biological activity of BMP15 in mice.

    View record details
  • The question of survival: understanding the impact of liberalisation and development on indigenous peoples in Mindanao, Philippines

    Pueblos, Adora Penaco (2013)

    Masters thesis
    Victoria University of Wellington

    This thesis aims to study the impact of mineral resource development on the indigenous peoples in the Philippines, focussing primarily on the consequential effect of the destruction of their ancestral domains and loss of access to their sacred spaces as it relates to their survival. Further, it seeks to bring to the widest attention possible their little known struggles against the invading and destructive forces of development, particularly large-scale mining, in their traditional areas. Most of all, this research ambitions to (1) debunk the prevailing research trend of dismissing emotions as irrational, illogical and useless in research because it is unquantifiable, and therefore, unscientific; and (2) critique Western-influenced paradigms on development by shedding light on the limitations of Eurocentric commitment to orthodox discourses that valorise resource development as supreme over cultural meanings and view environment as something completely detached from humans. In this study is presented the conflicting sides found at the heart of this age-old problem: the opposing views of government/mining companies on one hand, and those of the indigenous peoples on the other, their differing perceptions and stance on the issue of exploitation and control of natural resources found in ancestral domains. This research explored the deep emotional connections of indigenous peoples to their ancestral domains and how these are inexorably linked to their cultural identity. The data illustrate their profound sufferings in the hands of development agents and, paradoxically, the Philippine government itself through its open-arms policy on foreign investments and liberalised mining laws, heavily compounded by the unwarranted deployment of the military to ensure a smooth transition in approved mining areas. Using de-colonising methodologies and research approaches to tackle the issue, empirical data gathered are drawn from participant observation, semi-structured interviews and informal indigenous communities, and later organised according to themes evident upon collation of data. The findings are linked to a wider theoretical context and complemented with analyses of academic literature orientated to post-structural political ecology, emotional geographies and indigenous geographies that support the arguments in this study. As well as highlighting potential areas for future studies on indigenous peoples, this research points to the root cause of the problem to a people’s fundamental loss of power that denies them their control over their emotional spaces, resources and destiny. Accordingly, this fundamental relation needs to be given greater consideration in policy formulation and implementation of regulations that govern environment, natural resources and ancestral domains.

    View record details
  • "Winning Hearts and Minds"? An Exploration of New Zealand Peacekeeping, Masculinities, and Identity in the Solomon Islands

    Stevens, Kiri (2013)

    Masters thesis
    Victoria University of Wellington

    Close attention to the practices of masculinity, and individual negotiations of identity are often rendered invisible when exploring the implications of having soldiers engaged as peacekeepers in communities emerging from conflict. Using a feminist post-structural framework and qualitative interviews, I investigate whether involvement in peacekeeping is producing new gender and identity experiences for some New Zealand soldiers. Specifically, I explore the perceptions of two New Zealand Army Reserve Force soldiers who participated in the Regional Assistance Mission to the Solomon Islands. Additionally, I engage with the reflections of seven Solomon Islanders to understand the impacts that these new understandings of gender and identity might have for conflict resolution and gender equality in local communities. My research finds that the practices that soldiers value and consider most useful to be a successful soldier are changing as a result of their involvement in peacekeeping. New ideas about masculinity in the armed forces are being engendered by the need for soldiers to express a sense of equality and respect towards local people. The changing nature of soldering is resulting in the emergence of practices that offer alternatives and/or challenge hegemonic and racialized militarized masculinities over those more traditionally valued in the armed forces. However, at the same time, some soldiers continue to place value on practices associated with hegemonic militarized masculinities, such as a belief in the continued need to carry weapons to create security. I further suggest that Solomon Islanders interpreted participating soldiers' behaviours through broader historical-cultural narratives about different countries forces and their perceived cultural sensitivity. Therefore, soldiers' everyday resistances to racial narratives and militarized masculinities were important for creating a sense of trust and respect with local residents. However, while some Solomon Islanders welcomed the sense of security that soldiers produced, the carrying of weapons by soldiers undermined local conflict resolution practices. By focussing on men and masculinities, my research contributes to discussions about hegemonic and militarized masculinities in peacekeeping, and challenges ideas that see men, masculinities and other aspects of identity as static or unconnected to historical and social practices.

    View record details
  • Energy security in New Zealand politics: risk perceptions and political agendas

    Tyndall, Lucy Sarah Moor (2013)

    Masters thesis
    Victoria University of Wellington

    Energy security is a subjective concept, as to different actors it invokes different meanings and thoughts about risk. It is highly political because it is at the heart of the debate between the environmental consequences of burning fossil fuels and the economic consequences of constraining this consumption. How a government perceives energy security provides an important indication of how they intend to approach the complexity of current energy issues. No more important is energy security to consider than in New Zealand. As this thesis will show, the term is used in New Zealand's policy-making circles but it is not referred to consistently. This thesis will use the Copenhagen School's Theory of Securitisation and delineate the key features of energy security in New Zealand politics. It will show that there has been two distinct rhetorical politicisations of energy security that argue for two divergent energy policies. First, the Clark Labour Government used a strategy of politicisation to bring energy security risks onto the political agenda. This sought to legitimise strong government leadership in the energy sector to support the development of robust climate change policy. The second rhetorical politicisation is at the heart of the Key National Government, where energy security is subsumed to the immediate concern for economic growth in the wake of the global economic recession. Thus there is a heightened concern for short-term risk to security of energy supply and New Zealand's role in contributing to global energy security. The nature of energy security issues and how they are integrated with other policy challenges remain in dispute. Consequently, energy security is a highly contested and politicised concept in New Zealand politics.

    View record details
  • High Impedance Amplifiers for Non-Contact Bio-Potential Sensing

    Ryan, Brett (2013)

    Masters thesis
    Victoria University of Wellington

    This research develops a non-contact bio-potential sensor which can quickly respond to input transient events, is insensitive to mechanical disturbances, and operates with a bandwidth from 0.04Hz – 20kHz, with input voltage noise spectral density of 200nV / √Hz at 1kHz. Initial investigations focused on the development of an active biasing scheme to control the sensors input impedance in response to input transient events. This scheme was found to significantly reduce the settling time of the sensor; however the input impedance was degraded, and the device was sensitive to distance fluctuations. Further research was undertaken, and a circuit developed to preserve fast settling times, whilst decreasing the sensitivity to distance fluctuations. A novel amplifier biasing network was developed using a pair of junction field effect transistors (JFETs), which actively compensates for DC and low frequency interference, whilst maintaining high impedance at signal frequencies. This biasing network significantly reduces the settling time, allowing bio-potentials to be measured quickly after sensor application, and speeding up recovery when the sensor is in saturation. Further work focused on reducing the sensitivity to mechanical disturbances even further. A positive feedback path with low phase error was introduced to reduce the effective input capacitance of the sensor. Tuning of the positive feedback loop gain was achieved with coarse and fine control potentiometers, allowing very precise gains to be achieved. The sensor was found to be insensitive to distance fluctuations of up to 0.5mm at 1Hz, and up to 2mm at 5kHz. As a complement to the non-contact sensor, an amplifier to measure differential bio-potentials was developed. This differential amplifier achieved a CMRR of greater than 100dB up to 10kHz. Precise fixed gains of 20±0:02dB, 40±0:01dB, 60±0:03dB, and 80±0:3dB were achieved, with input voltage noise density of 15nV / √Hz at 1kHz.

    View record details
  • NZ school librarians, technology leaders?

    Clephane, Susan (2013)

    Scholarly text
    Victoria University of Wellington

    The purpose of this qualitative research study is to examine what role and views New Zealand school librarians currently have within their schools as technology leaders. At a time of technological developments in education, with both access to and implementation of ICT within school curriculums, what aids and hinders school librarian’s position as a technology manager? A variety of Auckland secondary schools were approached requesting a 30-60 minute interview with one of their librarians. Of the ones that agreed eight semi-structured interviews took place. The librarians were asked 14 open ended questions, some which were investigated further when necessary, and their answers were recorded, transcribed and results were drawn from their information. My results found that the majority of librarians felt well supported by their colleagues. Each school, had its own distinct hierarchy that effected the way librarians conducted their jobs and the place they had. Most librarians felt that their role was not meant to be a “technology leader” per-say, but rather someone that would incorporate it within the library to make the library a useful resource. Some schools had specific positions for their librarians to partake in technology leadership. This made the library more of an ICT focus for the school. Overall the librarians all had a variety of experiences, mostly stemming from the hierarchical dynamics within the schools and their own education in the library field. The implication for schools and their librarians, from this research may aid in considering the hierarchical set up their school currently has, how librarians view their role and what is a ‘norm’ versus alternative ideas. I think the discovery also reveals the various attitudes towards technology. This research may also increase awareness of the possible roles for school librarians in the future.

    View record details
  • Antipodean Naivety in the Contact Zone of Berlin: New Zealand writers in Berlin before and after the fall of the Wall

    Tahana, Jordin (2013)

    Masters thesis
    Victoria University of Wellington

    The Man from Nowhere & Other Prose by James McNeish (1991), Berlin Diary by Cilla McQueen (1990), To Each His Own by Philip Temple (1999), and Phone Home Berlin: Collected Non-Fiction by Nigel Cox (2007) are all texts written by New Zealand writers who either visited or lived in Berlin before and after the fall of the Berlin Wall in 1989. Their texts chronicle their experiences in Berlin and capture their observations of and reflections on the city, its people and their place as New Zealand writers in Berlin. This thesis discusses the texts they wrote while in Berlin, focussing particularly on the images of war, walls and the idea of ‘antipodean naivety’. My introductory chapter provides a brief history of New Zealand writers in Berlin. The chapter addresses key historical events which took place in Berlin and how they gave rise to artistic and cultural initiatives, providing the opportunity for McNeish, McQueen and Temple to be in the city. In the second chapter, I consider the images of war found in the writers’ texts. McNeish, McQueen and Temple focus particularly on Berlin’s Second World War history and to a lesser extent on the Cold War. I examine the reasons why they focus so heavily on this part of Berlin’s history, especially when the city has a much longer and broader military history that is ignored by the writers when they address issues of war and conflict in their texts. My third chapter addresses images of walls. For the artists and writers resident in Berlin before the fall of the Berlin Wall, the Berlin Wall is a prominent feature in their texts. But as foreigners to the city and country, they encounter other ‘walls’ such as language and cultural barriers. These metaphorical boundaries are examined further in my fourth chapter which discusses the idea of ‘antipodean naivety’. I apply Mary Louise Pratt’s theory of the ‘contact zone’ in reverse to the experiences of McNeish, McQueen and Temple in Berlin. In my fifth and final chapter I contrast the work of Nigel Cox who was in Berlin ten years after the fall of the Berlin Wall and for a different purpose. Perhaps surprisingly Cox nevertheless responds to Berlin in similar ways to the other New Zealanders. I argue that as New Zealanders these writers come to Berlin from a small country on the other side of the world with a less grandiose history to a country they think they know. In reality, the way the writers interpret their surroundings and the things on which they focus in their texts - almost always Berlin’s twentieth century history - illustrates how little they know about the city, but also suggests how unsettling the experience of the contact zone is, especially when it is such a historically and ideologically-loaded place, and how it makes them aware of their place of origin and their own naiveties and anxieties.

    View record details
  • Footprinting New Zealand urban forms and lifestyles

    Lawton, Ella Susanne (2013)

    Doctoral thesis
    Victoria University of Wellington

    More than 90% of New Zealand’s ecological footprint results from the lifestyle choices of individuals, although the size and impact of their lifestyle footprint depends on the type of urban form in which they live. The aim of this research is to highlight the degree to which New Zealanders are living beyond their fair earth share and how this appears through lifestyles. As the population continues to increase and resources become scarce, it is vital that both governments and communities have effective resource accounting tools to inform further urban development, given its influence on resource use. The thesis highlights how urban form could reduce barriers to people’s future wellbeing and it identifies the types of lifestyles that support a shift towards lower footprint living. To understand how the ecological footprint of New Zealand’s communities is generated by a combination of the community members’ lifestyle choices and interaction with their urban form, the research comprised five steps. 1. Designing a footprint method and calculating local footprint yields for the New Zealand context. 2. Calculating the New Zealand footprint in nine categories: food and beverages, travel, consumer goods, holidays, household energy, housing, infrastructure, government and services. 3. Creating a calculator and survey, and collecting household footprint data from five New Zealand communities. 4. Processing data and analysing community results highlighting differences and similarities between them. 5. Using the community output creating fair earth share scenarios which highlight those footprint categories within each urban form that provide the best opportunity for reducing a community’s footprint. Throughout this project the ecological footprint has been an effective indicator which has provided the means to communicate complex environmental data in a simplified form to diverse groups. The project used the ecological footprint to measure and communicate the trends that are putting pressure on the planet’s finite availability of land; a growing demand and the decreasing supply. It was found to be an effective communication tool for both communities and local government organisations that formed a way of discussing how to reduce their footprint in the future. Although many New Zealand lifestyles exist in a variety of types of urban form, some lifestyle types are more typical in certain urban forms. Food was found to be the predominant driver of a household’s footprint. Use of commercial land for growing, on-farm inputs and food processing made up the largest portion of the food footprint. Holidays and pets were also large contributors to an individual’s footprint. Due to the high amount of renewable energy that goes into producing New Zealand’s electricity, household energy was proportionally much less than found in similar international footprint case studies. The final scenarios show that fair earth share living in New Zealand is possible; some individuals are already doing it. However bringing about large-scale change will require collective community strategic planning, planning tools to develop resource efficient urban design, and immediate action.

    View record details
  • Assessing New Zealand's immigration policy towards victims of human trafficking: A human rights approach

    Peacey, Anna (2013)

    Scholarly text
    Victoria University of Wellington

    This paper assesses New Zealand’s immigration policy towards victims of human trafficking, adopting a human rights approach to determining best practice. Nine principles of a human rights approach are identified. In assessing New Zealand’s immigration policy, a number of gaps are identified, which result in breaches of the nine principles. To remedy these defects, two changes are recommended.

    View record details
  • When It Comes to General Anti-Avoidance Rules, is Broader Better?

    Paulson, Stella Kasoulides (2013)

    Scholarly text
    Victoria University of Wellington

    This paper examines the proposition that general anti-avoidance rules achieve their purpose better when drafted in broad terms. Several jurisdictions have included misuse and abuse requirements in their GAARs in order to provide certainty and a high threshold for the GAAR’s operation. Others have enumerated their GAAR to add precision and certainty to its terms. While misuse and abuse requirements and enumeration have the appearance of adding precision to an uncertain area of law, in practice this is doubtful. The general anti-avoidance provisions of four jurisdictions are compared, namely Australia, Canada, New Zealand and the United Kingdom. This article comes to two conclusions; that adding a misuse and abuse requirement to a GAAR does not significantly alter the substance of the inquiry; and that adding further details and precisions to a GAAR does more harm than good. These two conclusions promote the main proposition of this paper, that general anti-avoidance rules work best when drafted in broad terms. The international trend is heading towards more enumerated general anti-avoidance provisions; this paper aims to counter some of the arguments in favour of that trend.

    View record details
  • Never let me go? A case study of deaccessioning and disposal undertaken at Museum of Wellington City and Sea

    Loud, Rebecca (2013)

    Masters thesis
    Victoria University of Wellington

    In the current economic climate museums are increasingly being asked to do more with less. For museums that hold collections, this poses a unique challenge. With the cost of collections being relentlessly accumulative, questions are being raised about the long term financial sustainability of current collecting practices. Deaccessioning is being suggested as a way in which museums can improve the quality of their collection without increasing its size. Yet the literature on deaccessioning suggests that the process is fraught with ethical and practical difficulties. By highlighting the negatives aspects of the process, writing in museum studies and practice does little to explore how deaccessioning might be used to achieve positive outcomes. This research addresses this gap by asking whether deaccessioning is a positive tool that, if used appropriately, can assist a museum in improving the quality and manageability of their collection through systematic planning. To understand how and why a museum may permanently remove objects from their collection, the study focuses on one New Zealand museum’s response to the challenge of redeveloping a collection through the process of deaccessioning and disposal. The Museum of Wellington City and Sea’s deaccessioning process is analysed through documentary research and interviews with Museum staff. The interviews offer an understanding of the thought processes and motivations involved in selecting objects to be deaccessioned. The data collected reveals both the challenging aspects of the process but also offers insights into how these aspects can be mitigated or resolved. The conclusions presented in this dissertation suggest that deaccessioning is an integral part of current museum practice that can be used positively to actively shape and refine a museum collection. I argue that some of the beneficial outcomes of the process include greater understanding of collections, improved knowledge and context, resolution of historical collecting problems, strategic relationships built with other museums and improvement in how objects are stored and utilised. More importantly deaccessioning allows museums to determine the character and content of their collections. In order for this to be achieved, I recommend that museums adopt a rational approach to reviewing their collections that is multi-disciplinary, transparent and acknowledges how their collection is used in the achievement of their institution’s mission.

    View record details
  • New Zealand's Forgotten Appellate Court? The Native Affairs Committee, Petitions and Maori Land: 1871 to 1900

    Finny, Guy (2013)

    Scholarly text
    Victoria University of Wellington

    The second half the 19th century witnessed one of the most complex and destructive chapters in New Zealand legal history. The Native Land Court, Land Laws and Crown purchase and confiscation policies combined to create confusion, uncertainty and grievance in Maori land ownership and transactions. In response, thousands of Maori, and some Europeans, petitioned Parliament. Around two thousand of these Maori land related petitions were referred to the Native Affairs Committee of the House of Representatives, many of which involved complex disputes and legal issues in relation to Maori land. In several respects, the petitioners were treating this Committee as a de-facto ’Maori Land Appellate Court’. However, the Committee was no such court. Instead, this paper argues the Committee was effectively operating as a ‘Maori Land Ombudsman’. Using petitions, Maori and Europeans would put their grievances and law reform suggestions before the Committee. In turn, the Committee would usually investigate and make recommendations for action. Although the Committee was ultimately unable to resolve many of the alleged grievances put before it, in a system where Maori had little political power, it fulfilled an important constitutional role as a check on judicial and government power in relation to Maori land interests.

    View record details
  • Can't see the science for the solicitors: judicial review of scientific research in light of NIWA's case

    Hardcastle, Laura Jane (2013)

    Scholarly text
    Victoria University of Wellington

    The existence of climate change remains an unjustifiably vexed issue worldwide. In New Zealand Climate Science Education Trust v National Institute of Water and Atmospheric Research Ltd, sceptics’ attempts to challenge NIWA’s temperature records allowed the Court to extend its reach into the heart of the scientific research process. Whilst this paper supports Venning J’s determination that NIWA’s decisions were within the Court’s jurisdiction for review, his finding that individuals might suffer harm as a result of them is shown to be unjustified. Furthermore, the Court’s inherent unsuitability to addressing matters with high scientific contents, due to its adversarial nature and judges’ lack of scientific training, supports a finding of non- or partial justiciability. Non-justiciability is here rejected for allowing scientists behaving fraudulently to escape rebuke. The standard of deference Venning J attempts to introduce is similarly flawed as it allows unwary judges to unintentionally judge matters of science. Concerns are also raised that research might stagnate if scientists must worry about judicial scrutiny of their work. Thus, a standard of flagrant impropriety, or “fraud, corruption or bad faith”, is argued to be the ideal threshold for permitting judicial review of scientific research.

    View record details
  • News Media Regulation: A Mixed Membership Model Approach

    Gajanayaka, Mudalige Chamika (2013)

    Scholarly text
    Victoria University of Wellington

    The traditional platform-centric approach to media regulation is no longer tenable with the distinct line between broadcast and print media being blurred by mainstream media combining text and video via the internet. To address platform convergence, the Law Commission recommends a universal news media regulator, the News Media Standards Authority, which encompasses broadcasters, the press and onlineonly providers. The Commission endorses a voluntary membership model with a range of incentives to entice entities to join. This paper will critique the efficacy of the Commission’s incentives before undertaking a first principles analysis of news media regulation to illustrate the need for an element of compulsion in the membership model of the News Media Standards Authority. This paper argues that a mixed membership model, whereby a matrix of factors is used to determine the entities that will be required to join, is more appropriate for the News Media Standards Authority.

    View record details
  • (Un)lucky Strike and the Winnie Blues: Tobacco Plain Packaging, Investment Treaties, and the Framework Convention on Tobacco Control

    Herbert, Campbell (2013)

    Scholarly text
    Victoria University of Wellington

    In recent years, tobacco has been the subject of increasingly more stringent regulatory attention. At the same time there has been a proliferation of bilateral and multilateral investment agreements, While the former compels state Parties to take action to reduce tobacco consumption, many of the latter provide a guarantee to foreign investors that states will not enact measures which result in a substantial reduction of the value of their property. Recent disputes illustrate that these two sets of obligations are not capable of coexistence. In 2012 Australia took regulatory action, enacting legislation obliging the sale of tobacco products in “plain” packets. Philip Morris, Japan Tobacco International and British American Tobacco took to a number of different fora to challenge the measures as being in violation of their rights under national constitutional law, world trade law, and under nternational investment law. While the domestic law claims were limited to an assessment of the measure in the context of the companies’ constitutional rights, and the WTO claims face a significant hurdle because of the public interest nature of the regulations, the claims brought as international investment arbitrations are not subject to these same constraints. The result is a conflict of obligations. States are left in a position where they must take steps to reduce tobacco consumption while at the same time refraining from action amounting to expropriation of an investment. Does one of these obligations take priority of the other? Or must they both, as the Vienna Convention on the Law of Treaties suggests, be performed in good faith? The application of various conflicts rules imported from domestic and private international law into the international law sphere more generally yields some answers, goes some way to resolving the conflict, and reconstitutes the otherwise increasingly fragmented international law.

    View record details
  • Architecture's Tightrope - Investigating an Alternative Trajectory for Critical Architecture: Critical Spatial Practices and a Polycontextual Engagement with an Urban Thick Edge Condition

    Earl, Angus Robert McDonald (2013)

    Masters thesis
    Victoria University of Wellington

    This thesis investigation engages two contemporary interrelated problems – one theoretical and one practical – both of which are interrogated, interwoven and tested through a critical lens. The theoretical context framing the design-research reconsiders the vitality of ‘critical architecture’ in relation to contemporary discourse, in particular, the so-called ‘crisis of criticality’ and the implications of this ideological landscape within the built environment. Foregrounding a position to test this theoretical framing, the practical context of the design-research is distinctly urban – engaging one of the contemporary negative outcomes of rapid urbanisation. The practical problem investigates the ‘thick edges’ (places of singular and/or impermeable identities) that manifest around and below new urban motorway infrastructural developments, a condition that creates barriers to cultural, social and spatial flows between communities in urban settings. This thesis argues that by engaging with the complex and multiple cultural conditions of urban sites, the rigidity and singular nature of these impermeable thick edge spaces can be opened to diverse flows relating to multiple contexts. Through processes of design intervention, the thesis proposes a ‘polycontextual’ approach to introduce flows of wider contextual dimensions within an urban site – promoting architectural solutions that blur, fray and punctuate thick edges by developing them as threshold conditions between adjacencies. The theoretical problem analyses the limitations of both the autonomous and post-critical positions; this thesis argues that an alternative trajectory for a contemporary critical architecture has emerged, one that may be used as a theoretical framework for resolving urban thick edge conditions. Jane Rendell, Kim Dovey and Murray Fraser reveal a trajectory to shift architectural practices towards positive and flexible modes of production whilst simultaneously opposing the insufficient positions of the post-critical. They posit that architecture remains an inherently cultural proposition – created through constructive ‘relays’ that can mediate between theory and design – elucidating strategies of resistance through an engagement with practices that are both critical and spatial. Jane Rendell further argues that strategies for such ‘critical spatial practices’ can be elucidated through an examination of processes that are: site-specific, socio-spatial, and temporal. Adopting these three categories as the theoretical framework of this thesis focuses the design-research, implicating critical spatial practices as a contemporary and alternative position for critical architectural production - providing a framework for positive and critical positions in current discourse. In response to this two-fold investigation, the thesis tests a synthesis of critical spatial practices and a polycontextual approach through strategic designresearch propositions. Architecture’s Tightrope proposes a multifunctional events facility that permanently supports the New Zealand International Arts Festival, and the structuration of a dynamic, relational and non-deterministic public space. The primary aims of this thesis are: to test a contemporary critically engendered framework for architectural design-research that is both culturally and formally negotiated; and to investigate the potential for this framework to invert the negative conditions of urban thick edges through an engagement with multiple contexts.

    View record details
  • Software patents as such: Software patentability in New Zealand under the Patents Bill

    Radcliffe, Saadi (2013)

    Scholarly text
    Victoria University of Wellington

    This paper examines the patentability of software under the Patents Bill. It attempts to determine how a New Zealand court will interpret the provisions of the Patents Bill that relate to the exclusion of software, and to what extent the “as such” exclusion will apply. It does this by looking at principles of statutory interpretation and the relevant English and European case law on the matter. It concludes that a New Zealand court will interpret the provision in accordance with UK precedent to give it a narrower interpretation than that given in Europe. The paper then examines the consistency of the provisions with the relevant international law before discussing some problems that may arise regarding market incentives and distributed systems. It proposes that the provision strikes an appropriate balance between protection and innovation in line with Parliament’s intent.

    View record details