6,445 results for Scholarly text

  • Digital service problems: Prevention and user persistence in solving them

    Nili, Alireza (2016)

    Doctoral thesis
    Victoria University of Wellington

    The service sector is an important and consistently growing sector of the world economy. It is estimated that the sector will make up two thirds of the total world Gross Domestic Product (GDP). Information Technology (IT) has been an important contributor to the fast and high grow of the sector by increasingly digitising the production, delivery and use of services. IT has enabled multiple parties, including user support service staff, employees (internal IT users) and customers (external IT users) of an organisation, to engage in the production, delivery and use of digital services. Consequently, both users and user support service staff of the organisations have an increased responsibility to both prevent IT problems from occurring, and solve them when they do occur. Problems with ITs can occur at different stages of a digital service value chain (i.e. sequential steps/stages required to produce and deliver a digital service), and may lead to a service failure in the user’s mind. Examples include problems with a self-check-out machine at a library, problems with an online registration system that occurs for university students, or a website that does not include an online payment functionality a user expects. Numerous studies in both Information Systems (IS) and service literature have focused on the role of the service staff in both preventing and solving digital service failures, but few have considered the user’s role in these. This thesis includes four original articles. The first article emphasises that prevention from digital service failures must be considered before establishing effective approaches to solving the problems. The article presents a typology of technologies and technological approaches that customers and businesses can use to support prevention from these failures. The rest of the articles consider situations where an IT-related service problem has occurred, and address the user’s behaviour of persistence in solving their own IT problem. From the user’s perspective, their persistence in solving the problem contributes to achieving a satisfactory outcome, and from the organisational perspective, such an outcome is important for maintaining their user satisfaction. User persistence is important both when trying to solve an IT problem alone, and when using support services. Studying user persistence can help organisations to design their user support services in a way that encourages user persistence, resolves the problems more efficiently and cheaply; and maintains their user satisfaction. The study of user persistence included the use of focus groups for data collection purposes. Surprisingly, qualitative methodology literature has little to say on analytical approaches to focus group data – particularly interactive participant data. Therefore, a focus group analysis framework was designed (presented in the second article) and was used in the analysis phase of the user persistence study. The third article uses the framework in its analysis phase, and (a) presents a conceptual clarification of user persistence in IT problem solving, (b) identifies the factors that contribute to user persistence, (c) develops a theory to explain that why a user decides to persist with a method of solving IT problems, and (d) develops a theory to explain that why the user decides to persist with the overall process (collective methods) of solving the problem. The fourth article presents the results of evaluating the robustness of the two theories and shows that the two theories are confirmed. The thesis concludes with the ‘contributions and conclusion’ chapter where it presents a summary of the contributions of the four articles to IS theory, methodology and practice.

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  • Path to Accessibility: The current state of disability access in Aotearoa New Zealand museums

    King-Wall, Riah (2016)

    Masters thesis
    Victoria University of Wellington

    The New Museology posits museums and galleries as institutions entwined with issues of social justice and political responsibility. The relationship between museums and their communities is the founding aspect of this theoretical and practical framework. ‘Path to Accessibility’ explores the ways museums and galleries around Aotearoa New Zealand are engaging with communities of people with disabilities, consulting both with representatives from the disability sector and cultural organisations from around the country. This dissertation addresses a current gap in the literature available on how New Zealand museums are adapting to the needs of these audiences; a shift that is necessary given one in four New Zealanders identifies as having lived experience of disability. It also forges a valuable contribution to the field of museum studies by drawing on theory such as audience development and visitor research, and utilising emancipatory research frameworks from disability studies, as well as conducting original research on an under-examined topic. The research comprised a multi-method approach to ensure credibility. Focus group and interview stages collected the experiences and viewpoints of existing museum visitors with disabilities. This provided a foundation on which to create a nationwide survey of 41 museums and galleries. The survey explored multiple aspects of disability access, including physical ingress, inclusive exhibition design, tailored public programming, digital accessibility, and levels of disability representation in staff and management positions. The findings of this research project reveal that museums and galleries in Aotearoa New Zealand are for the most part considering disability access in some way. However, actioning related initiatives is often limited to achieving minimum legislative requirements rather than approaching it comprehensively as part of wider audience development strategies. The analysis of data gathered puts forward a number of suggestions around improving practice in New Zealand museums, central to which is establishing relationships with communities of people with disabilities and their advocacy groups to ensure long-term sustainability. These recommendations have global applicability for museum practice as comparative overseas studies demonstrate strong similarities to the New Zealand context.

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  • Crawling to connectivity? The direct-developing journey of the spotted whelk (Cominella maculosa)

    Dohner, Melanie (2016)

    Masters thesis
    Victoria University of Wellington

    The exchange of individuals between populations influences demographic connectivity on the ecological scale and genetic connectivity on the evolutionary scale. In some circumstances there are similarities between demographic and genetic connectivity, but in others there are differences. Whenever genetic differentiation is found between populations demographic uncoupling can also be inferred, but when gene flow is found there is uncertainty about whether populations are demographically connected or not. Marine invertebrates typically have large population sizes and many opportunities for dispersal. However, species that have limited planktonic dispersal power are often characterized by genetically and demographically discrete populations that exhibit an isolation-by-distance (IBD) pattern of gene distribution. Alternative methods of dispersal, such as rafting or drifting, produce departures from this expected pattern for species lacking planktonic larvae. Examining genetic patterns at fine geographic scales can identify key dispersal barriers and may give clues to alternative dispersal methods influencing large scale processes. The endemic, direct-developing spotted whelk, Cominella maculosa, is found in the intertidal rocky shores throughout most of New Zealand. This distribution makes it ideal for studying a species expected to exhibit low realized dispersal by crawling and is unlikely to experience dispersal by rafting. The first aim of this study was to investigate genetic patterns between two genetically distinct populations along the Wairarapa Coast of the North Island to determine if a barrier to dispersal was present or if the expected IBD pattern was observed. The second aim was to determine the likelihood of individual hatchlings undertaking long distance dispersal by drifting in the water column. The mitochondrial DNA COI gene was sequenced using 324 whelk samples collected at seven sites along 125 km of Wairarapa shoreline. No significant level of genetic isolation-by-distance or discontinuity in haplotype distribution was observed. Instead, two sites in the middle of the region form a contact area where the dominant northern and southern haplotypes coexist. To investigate dispersal by drifting in the water, three experimental trials were conducted with hatchlings obtained from field-collected egg capsules. When subjected to wave forces, or deposited directly in flow, hatchlings remained suspended and were carried a short distance. However, hatchlings circulated in currents and left for a longer period (12 hours) were rarely found drifting after this period. These trials indicate that wave dislodgement and local flow regime may result in small-scale displacement of hatchlings, but long-distance dispersal by drift is unlikely. Plankton sampling was also conducted at two sites with four nearshore traps. The rare capture of a related Cominella virgata hatchling supports the finding that hatchlings can be dislodged, but prolonged drift cannot be inferred. The findings from this study support the assumption that crawling is the dominant dispersal mechanism for C. maculosa. Crawling between sites best explains the blending of haplotypes in the middle of the Wairarapa and the genetic differentiation between populations. Crawling-mediated connectivity is unlikely to occur at the ecological scale; therefore populations are expected to be demographically isolated. The results of this research support the general findings in the literature that populations of direct developing species are often demographically isolated and have low levels of genetic connectivity.

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  • 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.

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  • Fertility and HIV risk in Africa

    Yao, Yao (2016)

    Scholarly text
    Victoria University of Wellington

    This paper examines the role of social and cultural norms regarding fertility in women’s HIV risk in Sub-Saharan Africa. Fertility, or the ability to bear children, is highly valued in most African societies, and premarital fertility is often encouraged in order to facilitate marriage. This, however, increases women’s exposure to HIV risk by increasing unprotected premarital sexual activity. I construct a lifecycle model that relates a woman’s decisions concerning sex, fertility and education to HIV risk. The model is calibrated to match Kenyan women’s data on fertility, marriage and HIV prevalence. Quantitative results show that fertility motives play a substantial role in women’s, especially young women’s, HIV risk. If premarital births did not facilitate marriage, the HIV prevalence rate of young women in Kenya would be one-third lower. Policies that subsidize income, education, and HIV treatment are evaluated. I find that education subsidy would reduce young women’s HIV risk most effectively by raising the opportunity cost of premarital childrearing.

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  • Language learner cognition: Exploring adult migrants’ L2 activity beyond the classroom

    Navarro, Diego (2016)

    Doctoral thesis
    Victoria University of Wellington

    For years, understanding the relationship between behaviour and cognition has been a central concern of research conducted in the social sciences. In fields as diverse as anthropology, business, medicine, and education it is widely accepted that the development of practice (as a type of behaviour), depends on a precise understanding of how thought gets carried into action. However, studies investigating the complex interplay between a learner’s cognition (i.e. thoughts, knowledge, beliefs, and feelings about L2 learning) and their behaviour (i.e. language-related activity) are only recently garnering attention. In addition, only few studies have looked at this dynamic process with adult participants beyond the language learning classroom. Framed within the context of naturalistic language learning, this investigation explores the social construction of adult (over 30 years of age) L2 learners’ cognition in an ESOL setting. Specifically it aimed to answer the following research questions: RQ 1. What are the prior language learning experiences of a group of adult migrant learners living in New Zealand? RQ 2. How have these prior language learning experiences influenced the construction and development of their beliefs, assumptions, knowledge (BAK) about language learning? RQ 3. What is their perceived need for English in their current socio-cultural context? RQ 4. How do adult migrant language learners engage in language related activities beyond the classroom? RQ 5. How can this language learning behaviour be reflected in a model of language learner cognition? The study combined a longitudinal, ethnographic approach, with elements of narrative and case study inquiry. Six ‘recently arrived’ (Dunstan, Roz, & Shorland, 2004a) Colombian migrants (five refugees; one immigrant) were asked to talk about and discuss both prior and current experiences learning and using an L2. Through these lengthy in-depth, conversation-like interviews conducted in Spanish (the participants’ L1), told over time, a nuanced picture of the participants’ L2-related cognition emerged. As a result, I was able to more clearly observe the dynamic process in which a language learner’s mental life both impacts and is impacted on by language-related activity throughout their day-to day interactions. The participants are seen engaging in the L2 across a range of settings including at home, the doctor’s office, supermarkets and work. Moreover, in their accounts of this engagement we see change and revision (i.e. development) in their thinking about L2 learning and themselves as language learners, as well as their feelings toward the L2, other L2s and L2 users. A single participant was selected as an exemplary case to examine in detail, and facilitate understanding of this development. A case study approach allowed for a more intricate exploration of how the interplay between thought, emotion, and context impacted on the learner’s approaches to language-related activities. Issues regarding readiness to interact in the L2, intelligibility, language variety, and aversion to the ‘sound of English’ were seen as playing significant roles in the learner’s language development. This analysis resulted in the construction of a framework depicting language learner cognition in action. In terms of implications, this research supports the case for more qualitative research in SLA which centres learners’ perspectives of their L2 related experiences, particularly when so much of what seems to be affecting learning is the learners understanding of themselves and their actions. It also argues that studies in L2 cognition should focus their investigations on the developmental processes involved in the social construction of the mental factors which impact language learning and use. Finally, while belief studies in SLA are expanding the scope of their investigations – by looking to include more emotion and other affective factors, as well as by branching out into self-related constructs such as self-concept and self-efficacy in the foreign language domain – these studies remain limited in their almost microscopic view of learners’ mental lives. The picture of cognition I offer provides a more holistic understanding of this phenomenon which helps account at a macro-level for L2 behaviour. The study also highlights the potential and power of data gathering methods which foreground the participants’ voices and ideas (i.e. in-depth, unstructured interviews told over time) – reminding us that it is important when looking for what drives language learning behaviour to consider what the learners feel and think.

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  • Reconnecting Life of those with dementia back to their families and the wider society

    Kusjanto, Grachia (2016)

    Masters thesis
    Victoria University of Wellington

    Dementia has become one of the most feared diseases. It is feared more than cancer for those over 50 years of age. The progressive and distressing nature of the symptoms have been widely known to affect both the person with dementia as well as their families. Eventually, the family has to decide whether to take care of their loved ones themselves or send them to a professional care facility. Currently, dementia care facilities are generally disconnected from the community, confine the residents and lack stimulation. Inactive bodies and minds can result in agitation and faster progression of the disease. Through multidisciplinary literature review, first-hand observations of the patient behaviours and a review of existing case studies, this thesis explores how landscape architecture can help in creating a better life experience for those with dementia who live in a care facility. The design ideas are near Te Hopai, an existing dementia care facility in Newtown, Wellington. To overcome the stigmatised environment in the existing facility, this thesis explores the possibilities for bringing the residents out and encouraging the public into their territory, increasing social interaction. A wide group of people such as carers, families and the wider community were considered in the design. Te Hopai’s surroundings, which are currently empty spaces and car parks, have been transformed into a functional and welcoming landscape which the public can use. The landscape has also been designed to encourage residents with dementia who were previously confined inside to experience the outdoor environment. Through designing a socially active, accessible and experiential space that is easy to navigate and interact with, this thesis hope to reconnect and improve the life experience of the person with dementia as well as their community.

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  • Ecology, Taxonomic Status, and Conservation of the South Georgian Diving Petrel (Pelecanoides georgicus) in New Zealand

    Fischer, Johannes (2016)

    Masters thesis
    Victoria University of Wellington

    Procellariiformes is a diverse order of seabirds under considerable pressure from onshore and offshore threats. New Zealand hosts a large and diverse community of Procellariiformes, but many species are at risk of extinction. In this thesis, I aim to provide an overview of threats and conservation actions of New Zealand’s Procellariiformes in general, and an assessment of the remaining terrestrial threats to the South Georgian Diving Petrel (Pelecanoides georgicus; SGDP), a Nationally Critical Procellariiform species restricted to Codfish Island (Whenua Hou), post invasive species eradication efforts in particular. I reviewed 145 references and assessed 14 current threats and 13 conservation actions of New Zealand’s Procellariiformes (n = 48) in a meta-analysis. I then assessed the terrestrial threats to the SGDP by analysing the influence of five physical, three competition, and three plant variables on nest-site selection using an information theoretic approach. Furthermore, I assessed the impacts of interspecific interactions at 20 SGDP burrows using remote cameras. Finally, to address species limits within the SGDP complex, I measured phenotypic differences (10 biometric and eight plumage characters) in 80 live birds and 53 study skins, as conservation prioritisation relies on accurate taxonomic classification. The results from the meta-analysis revealed that New Zealand’s Procellariiformes are at risk from various threats (x̅= 5.50 ± 0.34), but species also receive aid from several conservation actions (x̅= 7.19 ± 0.33). Results from a logistic regression showed that smaller species are more threatened onshore than offshore. The majority of the conservation actions appear in place where needed. However, habitat management, native predator control and the mitigation of risks associated with environmental stochasticity may need improvement. Analysis of SGDP nest-site selection showed dependency on mobile, steep, seaward-facing foredunes. Invasive plant species, the presence of conspecifics, or the presence of other seabird species did not influence SGDP nest-site selection. Assessment of interspecific interactions at SGDP burrows showed seven species occurring at burrows, but only Common Diving Petrels (P. urinatrix; CDP) interfered with SGDP breeding success. Assessment of phenotypic differences within the SGDP revealed that the New Zealand SGDP population differs in five biometric and three plumage characters from all other populations and warrants species status based on a species delimitation test with quantitative criteria. I propose to name this Critically Endangered species Pelecanoides taylorii sp. nov. These findings indicate that P. taylorii is of considerable conservation concern and additional measures, even after successful eradication of invasive species, may be required to safeguard this species. Based on the habitat preference, stochastic events, such as storms and storm surges, appear a major threat to P. taylorii. The assessed interspecific interactions at nest-sites, indicate competition with CDPs to be a minor threat. I propose a translocation as a potential strategy to relieve the pressure on P. taylorii, but further monitoring and research is needed to enable the implementation of such a conservation strategy.

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  • 'True direction': Aspects of aestheticism in New Zealand (1880-1913)

    Campbell, Laura Elizabeth (2016)

    Masters thesis
    Victoria University of Wellington

    This thesis examines aspects of Aestheticism in New Zealand. Despite the paucity of literature written on Aestheticism in colonial contexts, there is evidence that Aesthetic tendencies flourished in the art and literature of the ‘South Seas’. Aestheticism in Australia and New Zealand has been categorised as ‘insignificant’ within national art histories, overlooking the complex ways whereby aspects of Aestheticism arrived in the antipodes through international exhibitions, touring theatre productions, academically trained artists from Europe, and dispersal through literature. It is a moment in our national art history that should be recognised. My research is the first comprehensive study of Aestheticism and its impact on applied art and the general lifestyles of artists and patrons in New Zealand. With particular focus on James McLauchlan Nairn and Charles Frederick Goldie, this study revises the status of two New Zealand artists who have been viewed as representative of opposing artistic camps—Nairn, a bohemian promoting Impressionist and open air landscape practice, and Goldie, a painter of the ‘Old World’ tradition of academic instruction. I suggest the oppositional status that has been applied to these painters in New Zealand’s art history is no more than a polemical device. By contrast, Aestheticism allows us to understand how both artists are not too dissimilar in certain aspects of their artistic ambition. They were both educated in Paris and this alone provided them with a sense of authority to dictate art and fashion when advising their upper-class clientele in New Zealand. My research has revealed how Nairn and Goldie inhabited similar social circles, in Wellington and Auckland respectively, and integrated aspects of the ‘cult of beauty’ into their art and living environments. Based on this research, I argue for a more nuanced understanding of how local and international tendencies interacted within New Zealand’s art.

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  • Accessibility and development in rural Sarawak. A case study of the Baleh river basin, Kapit District, Sarawak, Malaysia

    Abdullah, Regina Garai (2016)

    Doctoral thesis
    Victoria University of Wellington

    To what degree does accessibility to markets correlate with levels of development? This is an important question for those living in remote, underdeveloped parts of Southeast Asia during the final phases of de-agrarianisation. My study recounts the experience of rural-based Iban households living in the Baleh river basin of the Kapit District (population of 54,200) within a day or less travel by river to the small market town of Kapit (with a population of 18,000). With no connecting roads to the rest of Sarawak and reliant almost entirely on river transport, the local economy remains underdeveloped and is losing population. My field work among 20 villages in three accessibility zones of the Baleh river basin was undertaken over the three month period of May-July 2014. Structured interviews were conducted with 20 village headmen (tuai rumah), 82 heads of household, and 82 individuals within the households. Data was also systematically collected on 153 other individuals, including both residents and non-resident members of these bilik-families. My conceptual framework draws on von Thünen’s model of agricultural land use in order to generate expectations about the possible effects of market accessibility. While the sale of vegetables and other commodities accords with expected patterns, most rural households are in fact dependent on other, largely non-agricultural sources of income. As a result there has emerged a disjuncture between the nominal and actual residence as those working age family members with residential rights to the bilik undertake paid work well beyond the agricultural margin. Unable to achieve desired standards of living by accessing local markets and services in a division with no cities or roads, the working age members of the bilik sustain their families by dividing their residence between two or more locations in what I call multi-local living. The income of nominally rural households is being increasingly determined by the human capital that individuals now apply to non-agricultural labour markets. This, in turn, is leading to a widening distribution of levels of ‘development’, across individuals, their multi-generational families and their rural communities. Multi-local living is unsustainable beyond the transitional phase of de-agrarianisation and as labour shifts out of agriculture and people move to towns, connections with rural residence are likely to diminish, notwithstanding the cultural ties, and disputes over realising market values of largely untitled land will continue to complicate the transition.

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  • The geochemistry of antimony in hydrothermal solutions

    Olsen, Nellie J. (2016)

    Doctoral thesis
    Victoria University of Wellington

    In this thesis, 30°C stibnite solubility experiments, ambient temperature X-ray absorption spectroscopic measurements of antimony in solution, and high temperature (70 to 400°C) stibnite solubility experiments were carried out in order to determine the aqueous antimony species present in equilibrium with stibnite in hydrosulfide solutions from pH = 3.5 to 12 and reduced sulfur concentrations from 0.001 to 0.1 mol kg⁻¹. Both ambient and elevated temperature solubility studies were conducted using a flow-through apparatus containing a column of stibnite grains though which solutions were pumped. Above 100°C, solubility experiments were conducted at slightly above saturated water vapour pressure to pressures of 300 bar. At 30°C, the stibnite solubility curve was best reproduced by a scheme of five species: Sb₂S₄²⁻, HSb₂S₄⁻, H₂Sb₂S₅²⁻, H₃SbS₂O, and Sb(OH)₃. At higher temperatures (≥ 70 °C), stibnite solubility at the conditions of the experiments was due to the following four species: Sb₂S₄²⁻, HSb₂S₄⁻, H₃SbS₂O, and Sb(OH)₃. Equilibrium constants were determined for the following five heterogeneous solubility reactions for the temperature ranges listed: [Please consult the thesis for details.] Stibnite solubility was independent of pressure at ≤ 350°C. At ~ 400°C, the solubility of stibnite was strongly dependent on pressure and decreased from Sbtotal = 0.015 to 0.0003 mol kg⁻¹ (~2000 to 40 ppm) with a pressure decrease from 300 to 160 bars. The Sb K-edge X-ray absorption spectroscopic (XAS) measurements of antimony in alkaline (pH = 10. 9 to 12) hydrosulfide solutions gave average first shell coordination environments that were consistent with the speciation model derived from solubility experiments for strongly alkaline solutions (i.e., Sb₂S₄²⁻ and Sb(OH)₃). XAS data enable the elimination of a speciation model involving only monomeric antimony complexes at strongly alkaline pH. Antimony speciation in near neutral to strongly alkaline pH’s is dominated by dimeric antimony-sulfide complexes at 30°C and sulfide concentrations > 0.001 mol kg⁻¹. With increasing temperature, antimony speciation becomes increasingly dominated by Sb(OH)₃. For hydrothermal solutions with sulfide concentrations between 0.0001 and 0.01 mol kg⁻¹, antimony-sulfide complexes are predominant at < 100°C, whereas antimonous acid, Sb(OH)₃, is the main aqueous species at contributing to stibnite solubility at > 200°C with the speciation in the intervening temperature range being dependent on the pH and sulfide concentration of the solution. For higher sulfide concentrations (i.e., ~ 0.1 mol kg⁻¹), HSb₂S₄⁻ and Sb₂S₄²⁻ control stibnite solubility to higher temperatures.

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  • Isotope geochemistry of gallium in hydrothermal systems

    Payne, Constance E. (2016)

    Masters thesis
    Victoria University of Wellington

    Little is known about the isotope geochemistry of gallium in natural systems (Groot, 2009), with most information being limited to very early studies of gallium isotopes in extra-terrestrial samples (Aston, 1935; De Laeter, 1972; Inghram et al., 1948; Machlan et al., 1986). This study is designed as a reconnaissance for gallium isotope geochemistry in hydrothermal systems of New Zealand. Gallium has two stable isotopes, ⁶⁹Ga and ⁷¹Ga, and only one oxidation state, Ga³⁺, in aqueous media (Kloo et al., 2002). This means that fractionation of gallium isotopes should not be effected by redox reactions. Therefore the physical processes that occur during phase changes of hydrothermal fluids (i.e. flashing of fluids to vapour phase and residual liquid phase) and mineralisation of hydrothermal precipitates (i.e. precipitation and ligand exchange) can be followed by studying the isotopes of gallium. A gallium anomaly is known to be associated with some hydrothermal processes as shown by the unusual, elevated concentrations (e.g. 290 ppm in sulfide samples of Waiotapu; this study) in several of the active geothermal systems in New Zealand. The gallium isotope system has not yet been investigated since the revolution of high precision isotopic ratio measurements by Multi-Collector Inductively Coupled Plasma Mass Spectrometry (MC-ICPMS) and so a new analytical methodology needed to be established. Any isotopic analysis of multi-isotope elements must satisfy a number of requirements in order for results to be both reliable and meaningful. Most importantly, the analysis must represent the true isotopic composition of the sample. Ion-exchange chromatography is generally utilised to purify samples for analysis by MC-ICPMS and exclude potential mass interfering elements but care must also be taken to recover as close to 100% of the element of interest as possible, as column chromatography can often result in fractionation of isotopes (Albarède and Beard, 2004). An ion exchange column chromatography methodology for the separation of gallium based on earlier work by Strelow and associates (Strelow, 1980a, b; Strelow and van der Walt, 1987; Strelow et al., 1974; van der Walt and Strelow, 1983) has been developed to ensure a quantitative and clean separation from the majority of elements commonly associated with hydrothermal precipitates and waters (i.e. As, Sb, Mo, Hg, W, Tl, Fe and other transition metals). A protocol to measure the isotopes of Ga was developed by the adaptation of methods used for other stable isotope systems using the Nu Plasma MC-ICPMS at the School of Geography, Environment and Earth Sciences, Victoria University of Wellington, NZ. Gallium isotopic ratios have been collected for a suite of samples representing the migration of hydrothermal fluids from deep fluids in geothermal reservoirs to the surface expression of hot spring waters and associated precipitates in hydrothermal systems. A range in δ⁷¹GaSRM994 values is observed in samples from Taupo Volcanic Zone geothermal fields from -5.49‰ to +2.65‰ in silica sinter, sulfide, mud and brine samples. Mineral samples from Tsumeb and Kipushi mines range from -11.92‰ to +2.58‰ δ⁷¹GaSRM994. Two rock standards, BHVO-2 and JR-2 were also analysed for gallium isotopes with δ⁷¹GaSRM994 values of -0.92‰ ±0.12‰ and -1.91‰ ±0.23‰ respectively.

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  • 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.

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  • Health Practitioner Notification of Competence Concerns: Career Suicide v Patient Safety?

    Miller, Anita (2015)

    Scholarly text
    Victoria University of Wellington

    The Code of Health and Disability Services Consumers’ Rights 1996 (Code of Rights) confirms that patients are entitled to health services that are provided with reasonable care and skill, and that comply with legal, professional, ethical and other standards.¹ “Reasonable care and skill” signifies the need for competent practice; patients are entitled to trust that their health provider has the necessary skills to safely provide health services. Likewise, a patient can expect a practitioner to practise in a manner that adheres to all relevant ethical duties, whatever those duties might be. Health providers have a corresponding duty to uphold the rights set out in the Code of Rights.² With these patient rights and provider duties in mind, the focus of this paper is on the regulatory framework established by the Health Practitioners Competence Assurance Act 2003 (the Act) and, in particular, the existence of a discretionary notification regime for health practitioners to report concerns about incompetent colleagues. This paper discusses how the Act came about, how it seeks to assure practitioner competence, the process for notification of competence concerns and the reasons why discretionary notification was adopted for practitioners. Using a patient-centric approach, it then questions whether discretionary notification is appropriate to ensure that the health and safety of the public is protected and whether ethical obligations act to address any possible deficiencies. It is suggested that professional and workplace pressures, and concerns about career advancement, may act to prevent health practitioners from exercising their discretion to notify, creating a risk that incompetent practice will go unreported and expose patients to harm. It is also argued that unless ethical obligations are consistent across the regulated professions and are enforced by relevant agencies they will not provide an effective “back-stop” to discretionary notification. Options for improvement or change are then canvassed, including the need for New Zealand based research into practitioner reporting behaviour and education and consistent guidance on the discretionary reporting threshold. Finally, it is proposed that, subject to research findings and the effect (if any) of suggested improvements, mandatory reporting may need to be reconsidered, and a proposal for amendments to the current statutory regime is set out and discussed. ¹ Rights 4(1) and 4(2). The Code of Rights is a regulation promulgated under the Health and Disability Commissioner Act 1994. ² Clause 2.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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