Law: Theses and Dissertations

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Open Access
It’s my life, so do I get a say? : An analysis of whether Aotearoa New Zealand is listening to children’s views in care-of-children proceedings as is required by the United Nations Convention on the Rights of the Child, and recommendations for improvement
(2023) Wallace, Katy
Thirty years ago, Aotearoa New Zealand ratified the United Nations Convention on the Rights of the Child (the UNCRC). Article 12 of the UNCRC grants all children, “who [are] capable of forming [their] own views the right to express those views freely in all matters affecting [them, their] views … being given due weight in accordance with [their] age and maturity”. The Article specifies that children must be “provided the opportunity to be heard in any judicial and administrative proceedings” that affect them “either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.” In effect, this Article recognises that children are citizens, who have a right to have their views heard when decisions are being made that will affect them. This thesis examines New Zealand’s adherence to Article 12, in care-of-children proceedings. The decisions made in care-of-children proceedings have the power to alter and determine the course of a child’s life in many ways, and so it is imperative that children fully receive their Article 12 right to express their views in regard to these decisions. This thesis demonstrates that, while the Care of Children Act does provide avenues for children to express their views on care and guardianship matters affecting them, these avenues do not apply to all care-of-children proceedings. In addition, the way this legislation is currently practiced does not insure all capable children receive the right to express their views freely, as Article 12 intended. This thesis will set out a number of recommended changes, both to existing legislation and the way this area of law is practised, that will ensure a child’s Article 12 rights to express their views and be heard in these important decisions. Historically, under common law, a father had a “superior right” to his children, which included control over how they were raised. This meant a court need not consider a child’s welfare, much less their views, when determining a matter about a child. Fathers’ rights over their children started to change in the 19th century, with the 20th century witnessing a dramatic change to the way children were viewed and treated, including by the law. Today the benefits of giving children the opportunity to express their views and participate, when decisions about them are being made, are well recognised. Not only is it good for their development, increasing their self-esteem and competence, but when given the opportunity to express their views, children often bring new insights to their situations. The outcomes for children are likely to be better when their views have been heard and they are likely to adjust quicker and cope better with changes to the family structure, if their views have been heard regarding those changes. The UNCRC can be considered the turning point in the recognition of many children’s rights, including the recognition that children should be accorded dignity and respect with regards to their views. Listening to children’s views, when decisions are being made that will affect them, recognises that children are not merely objects belonging to their parents, but are people with their own insights and views that should be heard and taken seriously. The UNCRC gives those countries that have ratified this Convention, including New Zealand, impetus to grant children this right, as well as the other rights it contains. This thesis examines whether New Zealand, three decades after ratifying the UNCRC, does grant all children their Article 12 right to express their views, and be heard, when decisions that are ultimately about their care and guardianship are being determined. It will also consider how well, if at all, the current legislation and practices allow Māori children to express their views in accordance with tikanga. Article 12 set down no blueprint as to how a child’s right to express their views should be applied in practice, and as such different jurisdictions have adopted a variety of modes of participation for children. This thesis will also explore how four other jurisdictions, Australia, Canada, Israel, and Scotland, hear from children when care and guardianship decisions are being made about them, and if any of those modes of participation could potentially be implemented in New Zealand. Recommendations will then be made for how current New Zealand legislation and practices can be improved, to ensure all New Zealand children, who are capable of forming their own views, are indeed provided the opportunity to express those views freely, and be heard, when decisions about their care and guardianship are being determined. While improvements are needed to meet the requirements of the UNCRC, the ultimate reason they are needed is to benefit all children, and their families, who are involved in care-of-children proceedings.
Open Access
The tort liability of corporate participants
(1996) Simpson, Mary-Anne
This thesis considers the alternative approaches taken by the courts in fixing tort liability upon corporate participants. The term 'corporate participant' primarily covers directors and shareholders but also, in this study, incorporates employees. The principal argument is that conventional analyses of liability rest upon familiar but ultimately unhelpful foundations, such as 'agency' and 'piercing the corporate veil'. Instead, this paper proposes applying the 'assumption of responsibility' test, which evolved in the law of torts, to corporate-tort issues, whether involving sole traders or corporate groups. A single unifying test directs and focuses the enquiry in a way that present formulations do not. The paper necessarily considers the historical origins of, and theoretical justifications for, limited liability. From these foundations, it seeks to evaluate the extent to which history should guide, or inhibit, the development of limited liability. Leading 'law and economics' treatments of limited liability are summarised, in order to evaluate the persuasiveness of the doctrine, and its present-day significance. Particular reference is made to the distinction between voluntary (contract) and involuntary (tort) creditors. A third category, that of the 'quasi-involuntary creditor', assumes significance when determining the existence of duties of care. The term may be applied to most cases where liability is sought to be fixed upon directors or shareholders; it covers those creditors whose tort injury arose during the course of a contractual relationship with the company. Such cases are best dealt with by assuming that the parties' bargain included that liability be limited. This presumption may be displaced by evidence which indicates that, on the contrary, the defendant had assumed a personal interest in the conduct of the plaintiff’s affairs. Reference to Canadian dicta and to European legislation affords a fruitful contrast to Commonwealth case-law on employee liability. Reform of employee tort liability is welcomed, as it would introduce further consistency into the treatment of corporate participants. The thesis concludes by specifying the types of conduct that will lead to directorial or shareholder liability.
Open Access
The implications of the Land Transport (Drug Driving) Amendment Bill 2020 (317 – 2) on the labelling of prescription medications : the case for benzodiazepines..
(2022) Booth, Rebecca
There is an increasing number of car accidents in New Zealand associated with drug driving. This led to the creation of the Land Transport (Drug Driving) Amendment Bill 2020, which will, if enacted, implement per se drug driving laws and an RDT (random roadside drug testing) scheme; this will include driving regulations of impairing prescription medication. In this study, impairing therapeutic concentrations of benzodiazepines (a large category of newly regulated medication) were determined using a meta-analysis of controlled studies on the impairment resulting from doses/dosages of benzodiazepines. Along with datasets of impaired drivers’ blood concentrations, which were used to verify impairing blood-drug concentrations found in the meta-analysis. It was found that some therapeutic doses/dosages of benzodiazepines resulted in impairment more than others, such as diazepam and lorazepam, which are used multiple times daily to maintain a therapeutic blood concentration. These results were then used to critique the blood-drug concentration statutory and threshold limits proposed by Poulsen et al. (2021). It was concluded that limits set for diazepam did not reflect impairing concentrations. Labelling of pharmaceuticals and the propensity of physicians and pharmacists to warn patients about impairing medications was investigated by analysing CALs (cautionary advisory labels) and the pharmacists code of ethics. It was concluded that there needs to be more effort into informing patients and the public of the risks of drug driving.
Open Access
'Stuff the transactional shit’: Learning through the lived experience of the Rangatahi Court
(2022) Jessep, Melissa Jane
Criminal justice initiatives and policy have been guided almost exclusively by a Pākehā worldview. The exclusion of Māori perspectives within the realm of justice is just another example of the reach the colonial project continues to have on Māori communities. The exclusion of Māori influence in the justice space could be attributed to the negative justice outcomes that we continue to see for Māori. Disproportionate use of imprisonment and wider disparities within justice institutions sees Māori making up 52.7% of prison population while only making up 15% of the general population (Department of Corrections, 2021). Rangatahi Māori have also felt the brunt of the justice system making up 59% of court participants (Ministry of Justice, 2021). These statistics continue to remain unchanged despite awareness of this problem. In 2008 the Rangatahi Courts were established to alter the way in which the Youth Courts interacted with young Māori. The implementation of the Rangatahi Courts can be viewed as a push-back to the Eurocentric processes that dominate the justice space. Since the inception of these courts little research has been generated that offers authentic insight into the realities of these courts. Initial evaluations have suggested that these courts have potential to reduce reoffending rates and alter the way rangatahi and whānau view and experience the system. Much of the academic perspectives have brought vital critique and insight into the Rangatahi Courts procedures. However, there is limited research that explores the experiences and lived reality of those that work within the space of the Rangatahi Courts. For this reason, the intent of this research project was to showcase the experiences of the participants’ who have engaged within that world. Their lived experience of the Rangatahi Court is important for creating an understanding of what the Rangatahi Courts provide Māori. This research privileges practitioner experiences as they hold crucial knowledge that may help to build a greater understanding as to how these courts operate and what the space offers for rangatahi and whānau.
Open Access
Cybercrime : International Implications on New Zealand Strategy
(2022) Wheelans, Angus
The prevalence of cybercrime continues to rapidly increase as the internet becomes more accessible and advanced, causing substantial harm to individuals, businesses and governments. Digital forensics is an essential component of all cybercrime investigations, and as it stands, the current cybercrime and digital forensics practices in New Zealand are not fit-for-purpose. This research project seeks to identify the most significant problems with current practices and draw recommendations that create feasible and workable solutions. Creating evidence-based solutions to these problems is possible through identifying the current systematic flaws. It is essential that current methods for responding to cybercrime and carrying out digital forensics are scrutinised so that there is pressure to update and reform current laws and practices. This research project adopts a qualitative approach and the use of semi-structured interviews to answer the research question. Participants (n=4) are stakeholders within the cybercrime and digital forensic communities in New Zealand, Australia, and the United Kingdom. The cybercrime and digital forensics laws and practices are compared between these countries to draw recommendations for future reforms. It has been found that five key changes could be made to the cybercrime and digital forensics frameworks that would improve outcomes for law enforcement and victims. These changes include the appointment of an independent reviewer of legislation, acceding to The Budapest Convention on Cybercrime, improving cybersecurity and cyber resilience, improving training, resourcing and research, and improving current reporting and response methods. These recommendations indicate that there are fundamental flaws in the current framework and that substantial work is required to improve outcomes for both victims and law enforcement. These recommendations are based on research and stakeholder input. On this basis, stakeholder opinion and international practices should be considered while informing future reform. This research project is an original contribution to the fields of digital forensics and cybercrime, and it is hoped that it will create a foundation for future research to analyse these issues further.
Open Access
The impact of COVID-19 on illicit drug trafficking in New Zealand.
(2022) Quinlivan, Alana
Illicit drug trafficking requires stable supply chains, which depend on social stability generally. In turn, the trafficking, supply, and harms associated with drug consumption can quickly change alongside disruptions to everyday functioning and subsequent illicit drug markets. COVID-19 is a global pandemic that has put a strain on all aspects of life both in New Zealand and internationally, provoking government interventions to close borders and restrict social interactions worldwide. These changes have caused unprecedented disruptions to social, economic, and political functioning throughout society. Therefore, the stability required to operate efficient illicit drug supply chains has collapsed, making an impact on global and local illicit drug trafficking as a result. Using a comprehensive analysis of many different sources this dissertation outlines the impacts of COVID-19 on international drug trafficking, dealing, manufacture and consumption, before providing a comparison to a New Zealand national context. Basing its conclusions on both qualitative and quantitative data, this dissertation argues that illicit drug markets were heavily disrupted shortly after the implementation of COVID-19 related restrictions, however such markets and groups were identified as adaptable, with many already beginning to recover.
Open Access
Prisoner experiences of case management in the Aotearoa New Zealand prison system.
(2022) Johnstone, Laura
The Department of Corrections introduced case management to Aotearoa New Zealand’s prisons in 2011, replacing an approach of Sentence Planning. Corrections has stated that this led to improvements in four areas: the assessment of prisoner needs, prisoner motivation to complete activities, the scheduling of programmes, and the level of reintegration support provided to prisoners. Using in-depth interviews, this study explores the perceptions prisoners have of case management, and tests the statements made by the Department of Corrections. Little research to date exists in these areas. This study, in line with similar international studies, supports the use of the case management model for managing prisoners but finds that there are areas for improvement, which could enhance the case management experience for prisoners in a way that more closely meets their rehabilitative and reintegrative needs.
Open Access
Employment security and employment protection in the light of the New Zealand Minimum code : including a comparison with German law
(1997) Stadler, Andrea Caroline
Generally, the employee is interested in the continuous existence of his or her employment, the provision of fair employment contract conditions and their observance, and respectful treatment concerning his or her activity in the workplace itself. Conversely, the employer is interested in being flexible; it wants to be and to remain in the position to adjust its staff to the economic situation, and to remain in that situation, or react to negative situations which may arise in the employee's sphere respectively, at any time. Consequently, the task of employment security and employment protection is to provide a reasonable balance of both interests. This thesis shall deal with employment security and employment protection in the light of what is termed, informally, the New Zealand 'Minimum Code'. In addition, a comparison is presented with the legal grounds in German law regarding the subjects concerned. The thesis is divided into two main parts: The subject of the first main part is the personal grievance procedure under the New Zealand Employment Contracts Act 1991 and the corresponding German law. Section 27 (1) of the EC Act 1991 defines the term 'personal grievance'. In short survey, the stated grounds for an employee's complaint are: unjustifiable dismissal; unjustifiable action; discrimination; sexual harassment; and duress. Because of the broad scope of these grounds of complaint, only two of those grounds shall be presented. First, an older one, namely, unjustifiable dismissal, which was already contained in the Industrial Relations Act 1973; and second, a newer one, namely, sexual harassment, which was introduced in the previous Labour Relations Act 1987. Within the following exposition of the selected personal grievances, Division 1 deals with unjustifiable dismissal, and Division 2 with sexual harassment. Great attention shall be paid to the preconditions of the two grounds of complaint. In order to complete the presentation, a short survey shall be given on the right to use the personal grievance procedure. Each division contains three subdivisions. First the exposition of the legal grounds in New Zealand law, and second, as a comparison, the description of the legal grounds in German law. Finally, under subdivision three, a resume shall be given. Concerning unjustifiable dismissal, the personal grievance procedure under the Employment Contracts Act 1991 grants better employment security for the employee than the common law alternative. Alternative or additional protection is of interest in regard to sexual harassment and will be presented in a short survey. The main emphasis shall lie on the preconditions for the grievance / complaint, rather than on the right to use it. In German law, there is no similar personal grievance procedure. Protection against dismissal is only available under the complaint of unfair dismissal in the courts. As for sexual harassment, the employee must also file a suit to get legal protection. The second part deals with the illustration of some other significant contents of the Minimum Code: parental leave, holidays, and wages. These areas also require legal minimum rights. The code is contained in different Acts of Parliament. That main part is divided in Division 1: parental leave; Division 2: holidays; and Division 3: wages. Each division also contains three subdivisions. New Zealand law is analysed under subdivision 1. The German comparison is presented in subdivision 2. Finally, under subdivision 3, a resume will be given. In comparison with German law, it is especially notable that parental leave provisions in New Zealand might be improved. As to holidays, in both countries the pertinent Acts are governed reasonably and satisfactorily. Contrary to German law, in New Zealand wages are governed in more detail, but not perfectly. Beyond the presentation of a wide variety of different Acts, the writer's analysis includes constructive criticism, proposals and ideas for reform, and conclusive results.
Open Access
Mediation in civil and commercial disputes in New Zealand : an empirical and theoretical approach to how to raise its acceptance
(2001) Loddenkemper, Tina
Mediation has many advantages over the traditional ways of dispute resolution such as litigation and negotiation1 . Yet in many countries it is struggling to become a "mainstream" movement like it has been in the USA. How can the acceptance of mediation be raised? This question, central to the field of mediation research since its inception, will be examined for New Zealand. It is the raison d'etre of the thesis. The thesis examines in particular the acceptance of mediation in commercial and civil disputes. The focus is set on commercial and civil disputes because family mediation has already been extensively researched.
Open Access
Economic securitisation and the normalisation of exceptionalism : how economic risk rhetoric is used to justify and normalise exceptionalism.
(2021) Mueller, Sascha Daniel
The research question of this thesis is to what extent exaggerated or false economic securitisation threatens constitutional and democratic processes and structures. People’s growing aversion to risks, and in particular economic risks, means that it becomes increasingly easy to exaggerate or falsely claim economic risks to gain access to exceptional measures. If this is done for ordinary political reasons rather than to address genuine existential threats, exceptional measures will increasingly become part of the normal political and constitutional process. The second research question therefore is how the effects of false or exaggerated securitisation can be prevented or at least mitigated.
Open Access
Judicial reasoning and a common law duty of contractual good faith
(2002) Davies, James Christopher
Mr Livingstone owned a valuable motor car which Mr Roskilly, a motor car repairer, agreed to repair. The car was stored in Mr Roskilly's premises in an inadequately locked garage and was stolen. A sign on Mr Roskilly's garage wall read: "All vehicles stored and driven at owners [sic] risk. All care taken: No responsibility". Justice Thomas found for Mr Livingstone on traditional principles of contract interpretation but noted, in an obiter statement: "...[an] overriding principle [that is] found in most legal systems outside the common law world to the effect that in making and carrying out contracts, parties should act in good faith... I would not exclude from our common law the concept that, in general, the parties to a contract must act in good faith in making and carrying out the contract." This thesis considers whether or not such a duty ought to form part of our common law of contract. Briefly put, should contracting parties owe each other an implied common law duty of good faith? The equally brief answer to this difficult and engaging question provided in this thesis is that they should not.
Open Access
The legal impact of artificial intelligence on the New Zealand health system.
(2021) Boniface, Christopher Ryan
This thesis provides an analysis of the legal impact that artificial intelligence (AI) technologies may have on New Zealand’s healthcare system. The focus is on whether the established rights and protections afforded to patient’s can be readily applied or interpreted in situations involving an artificial intelligence system. Using the Code of Patient’s Rights1 as a framework for the rights afforded and the underlying ideals contained, this thesis engages with both the codified rights as well as their common law applications. Doing so provides a robust and comprehensive analysis of what features of an AI and which current formulations within the law are incompatible or at least require new interpretations to interact. The thesis begins with an overview of the background to both the healthcare landscape and the technology of AI in general. And then follows this with an overview of the rights afforded to patient’s within New Zealand, and the ideals which can be inferred from this which will be used as the foundation for the thesis’ substantive analysis. The thesis then engages with four of the rights outlined – discrimination, privacy, informed consent, and negligence – chosen to provide the most widely applicable discussion, as well as those which are considered the most integral to a patient’s care. Included in the substantive analysis of negligence is a discussion of the Accident Compensation Act 2001 and the role it may play in mitigating some of the commonly lamented issues with AI technology. The thesis then ends with a discussion of prospective reforms that may assist with the interaction with AI and any associated issues with them, and then a set of recommendations into how New Zealand should proceed in the coming years.
Open Access
Cultural Property at the Crossroads: An Examination of the issue of the Restitution of Cultural Property to Indigenous Peoples in Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples
(Aberystwyth University, 2015) Esterling, Shea
Over the past thirty years, Indigenous Peoples have turned to international human rights law (IHRL) to help secure the return of their cultural property. In 2007 the United Nations [U.N.] passed the Declaration on the Rights of Indigenous Peoples [UNDRIP] which offers at Article 11(2) that: “States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural … property ….” Using a discourse analysis that relies heavily on U.N. documentation, after exploring the inadequacies of the traditional framework for the protection of cultural property, this thesis traces Article 11 from its origins at Draft Article 12 to its present form revealing that its contextualization in IHRL caused it to suffer a serious retrogression; a retrogression that allows it to step back and fit comfortably within existing IHRL thereby offering no real change regarding the restitution of cultural property. In turn, the remainder of this thesis focuses on what underpins this retrogression. It posits that at the micro-level the retrogression of Article 11 stemmed from links between cultural property and traditional property concepts and self-determination; while at the macro-level Article 11 suffered from the specter of sovereignty. In particular it concludes that as a consequence of this retrogression, the contextualization of the issue of the restitution of cultural property to Indigenous Peoples in Article 11 in IHRL represents an irony in the use of international law while it more broadly concludes that this is the result of the structural incapacity of IHRL to support such a claim at present. However, ultimately not all is gloom and doom; a dialogical space exists at the international level which holds promise for the future of indigenous advocacy to secure such a sui generis right to the restitution of cultural property for Indigenous Peoples.
Open Access
Consideration of the best interests of children with convicted parents : a new sentencing principle.
(University of Canterbury, 2022) Koosova, Kristyna
In May 2020, New Zealand imprisonment rate was 198 per 100,000 of population, which was the 5th highest in the OECD. This has raised some serious questions about the collateral effects of imprisonment on offender’s children. Several studies have indicated that these children face multiple difficulties and are exposed to a higher risk of harm than other children. They may suffer emotionally, develop health issues or challenging behaviour and be imprisoned themselves during their lifetimes. The purpose of this thesis is to establish the extent to which rights of these children are recognised and protected in sentencing in New Zealand. Firstly, the thesis determines New Zealand’s obligations towards offenders’ children, which are established by the international human rights law. It highlights the importance of an evolving international legal standard establishing a requirement for criminal courts to systematically assess and consider the best interests of a child when sentencing a parent or a primary caregiver, and to take the impact of sentencing on children’s wellbeing into account, as a specific and independent legal consideration. It is also established that failure to do so is inconsistent with relevant international human rights instruments. Secondly, the domestic legislation and case law is analysed in order to evaluate whether New Zealand meets its obligations towards offenders’ children under the international human rights law. The conclusion to the analysis is the finding that the way that New Zealand has chosen to implement the right to respect for family life and the right of the child to have his or her best interest taken into account as a primary consideration, has left gaps in how these rights are protected. The findings of the case law review also suggest that the best interests of children have not been appropriately integrated and consistently interpreted and applied when sentencing offenders with dependent children, as far too often these children and their needs are taken into account as “personal circumstances of the offender” rather than being treated as individual rights-holders and having their rights considered separately.
Open Access
Prevention of forest fires in Indonesia: evaluation of international and regional legal frameworks.
(University of Canterbury, 2021) Sitompul, Muhammad Ibnu Khaldun
This thesis explores the effectiveness of Association of Southeast Asian Nations (ASEAN) initiatives, relevant international environmental agreements, and principles of international environmental law on the prevention of forest fires and transboundary haze pollution in Indonesia and Southeast Asia. For many years, forest fires in Indonesia have resulted in transboundary haze pollution that has harmed neighbouring Southeast Asian countries. Despite numerous prevention efforts, forest fires continue to occur in Indonesia, particularly during the dry season. The majority of these forest fires are caused by human activity, including the slash and burn method in land clearing, which has been used in Indonesia for centuries, but it is now being used on a larger scale by big plantation companies. Additionally, logging and land expansion of palm oil plantation contribute to the occurrence of forest fires. Regional initiatives such as the 2002 ASEAN Agreement on Transboundary Haze Pollution (AATHP) have been ineffective in reducing Indonesian forest fires and their transboundary impact in the region. The obligatory nature of the AATHP is frequently weakened by the strong influence of the ASEAN Way norm, adopted by ASEAN member states, which puts forward the principle of non-interference in addressing the relationships between them. Furthermore, this research asserts that obligations under relevant international environmental agreements have had minimum impact on states, particularly Indonesia, in terms of indirectly assisting them in preventing forest fires and transboundary haze pollution. The obligations imposed by these agreements are often too general, leaving states like Indonesia with an excessive amount of discretion in terms of national implementation. In addition, this thesis concludes that principles of international environmental law have been ineffective at influencing states’ behaviour in addressing forest-related issues. The existence of the ASEAN Way, which is based on a strong belief in state sovereignty, has hampered implementation of these principle in the region. In addition, owing to the fact that the ASEAN Way promotes a peaceful means of settling dispute, which is informal and non-judicial, it is more difficult for states impacted by transboundary haze pollution caused by forest fires in Indonesia to challenge Indonesia before an international court or tribunal. The methods to be used in conducting this research are primarily positivist doctrinal legal approach combined with desktop studies. The purpose of a doctrinal legal approach is to assist in the formulation of legal doctrines by analysing legal rules. It is based on current regional and international positive laws that are applicable to environmental protection, including regulations and conventions relating (directly and indirectly) to forest fires as sources. This thesis argues that the effectiveness of regional initiatives, including the AATHP, must be improved in order to foster cooperation in resolving the ongoing issue of forest fires and transboundary haze pollution in the Southeast Asian region. In addition, international environmental agreements must engage more in forest fire prevention in a way that could be clearly implemented at the national level, particularly in Indonesia, the region’s primary source of forest fires and transboundary haze pollution issues. Ultimately, impacted states must have a way to hold a source state accountable for their actions that harm the environment without having to violate the region’s fundamental values.
Open Access
Plant-based meat substitutes: understanding consumers’ motivators, barriers, knowledge and consumption practices
(University of Canterbury, 2021) White, Samantha Karen
Consumers are becoming increasingly aware of the plethora of interrelated environmental, social, economic, ethical, and health issues associated with global industrialised food production—particularly concerning animal agriculture. Consequently, demand for more sustainable and ethical food products has increased as consumers seek alternatives to meat and other animal-derived products. Therefore, this research sought to understand the knowledge and consumption practices associated with plant-based meat substitutes to identify how dietary shifts and product adoption could be facilitated. This research utilised semi-structured in-depth interviews conducted in Christchurch, New Zealand, between August 2018 and March 2019. Interview findings from 25 participants were framed both using the attitude-behaviour gap framework, as well as a social practice theory lens. Consequently, several factors centred on individual, social, situational and product influences were identified to account for the gap between consumers’ attitudes towards plant-based meat substitutes and their reported behaviour. Moreover, material aspects (products, packaging, and infrastructure) were ascribed many meanings by consumers (values, normalisation, social consumption, transition, and convenience) and transformed through competencies (general and meat-free cooking, product and nutritional knowledge). The research presents several implications for theory and practice.
Open Access
From disaster to resilience : a comparative study of legal frameworks for managing the seismic risk of existing buildings.
(University of Canterbury, 2021) Eade, Cameron
Though rare and unpredictable, earthquakes can and do cause catastrophic destruction when they impact unprepared and vulnerable communities. Extensive damage and failure of vulnerable buildings is a key factor which contributes to seismic-related disasters, making the proactive management of these buildings a necessity to reduce the risk of future disasters arising. The devastating Canterbury earthquakes of 2010 and 2011 brought the urgency of this issue to national importance in New Zealand. The national earthquake-prone building framework came into effect in 2017, obligating authorities to identify existing buildings with the greatest risk of collapse in strong earthquakes and for building owners to strengthen or demolish these buildings within a designated period of time. Though this framework is unique to New Zealand, the challenge of managing the seismic risk of such buildings is common amongst all seismically-active countries. Therefore, looking outward to examine how other jurisdictions legally manage this challenge is useful for reflecting on the approaches taken in New Zealand and understand potential lessons which could be adopted. This research compares the legal framework used to reduce the seismic risk of existing buildings in New Zealand with that of the similarly earthquake-prone countries of Japan and Italy. These legal frameworks are examined with a particular focus on the proactive goal of reducing risk and improving resilience, as is the goal of the international Sendai Framework for Disaster Risk Reduction 2015-2030. The Sendai Framework, which each of the case study countries have committed to and thus have obligations under, forms the legal basis of the need for states to reduce disaster risk in their jurisdictions. In particular, the states’ legal frameworks for existing building risk reduction are examined in the context of the Sendai priorities of understanding disaster risk, strengthening disaster risk governance, and investing in resilience. While this research illustrates that the case study countries have each adopted more proactive risk reduction frameworks in recent years in anticipation of future earthquakes, the frameworks currently focus on a very narrow range of existing buildings and thus are not currently sufficient for promoting the long-term resilience of building stocks. In order to improve resilience, it is argued, legal frameworks need to include a broader range of buildings subject to seismic risk reduction obligations and also to broaden the focus on long-term monitoring of potential risk to buildings.
Open Access
Essays on commodity markets
(University of Canterbury, 2021) Koeman, Jan
Agricultural Commodities are a large portion of the New Zealand Economy, and a better understanding of commodity markets is useful for New Zealand market participants, especially in the dairy sector. This thesis studies two of the main functions of commodity markets, price discovery and hedging. The first chapter reports the effectiveness of hedging as a function of spot market design. The second chapter illustrates the reduced explanatory power of the Theory of Storage in recent time as contrasted with the early 1960’s. The third chapter demonstrates that cutting edge machine learning techniques are promising alternatives for learning features of commodity markets.
Open Access
The international economic order : a trigger for global justice and the right to development?
(University of Canterbury, 2021) Suenu, Abdul Hasib
The international economic order is unfair. The global order continues to maintain values and practices that sustain the dominance of certain states, entities, and interests to the detriment of the fundamental freedoms and development needs of the vulnerable global population. It subordinates essential fundamental values, such as economic, social, and political rights; social justice; and sustainable development to a peripheral status, while mainstreaming the obdurate commitment to an unfettered liberalisation pursuit that mainly favours a privileged few. The institutions overseeing the international trade, finance and investment regimes still preserve the colonial legacies of power-imbalance, inequity, exploitation, and policies that safeguard the continual economic dependence of poorer countries on some affluent entities. Therefore, relying on legal evaluations, empirical findings, historical analyses, and political theories, this thesis argues that the inescapability of participating in the global system and its hurtful effects on the global less- fortunate trigger an obligation to reform the international economic and trade regimes. In addressing this crisis, this thesis combines global distributive justice theory, the right to development, and the Third World critical approaches to international law in proposing five conceptual principles that could remedy these normative shortcomings. Furthermore, it normatively critiques the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement), particularly the prohibited export and local content subsidies, through the lenses of the conceptual principles that it proposes, as case study. It also relied on the infant industry economic theory in establishing the need to grant less-industrialised countries the policy space to implement strategies that may enhance their prioritised industrial development goals and other welfare objectives. It thereafter offers three proposals to improve the equitableness of the SCM Agreement. Specifically, this thesis proposes the creation of a special class of subsidy (named “Non-Actionable Developmental Subsidies”) to shield (or limit) the usage of certain development- justifiable subsidies from potential countervailing actions. Also, it explores how the theory of grundnorm can be adopted through a proposed “Development Supremacy Clause” with the view of prioritising the proposed human rights and development-centred principles in WTO Agreements. Finally, it offers some thoughts to improve the effectiveness and operationalisation of the Special and Differential Treatment provisions in WTO Agreements.
Open Access
Three-strikes sentencing in New Zealand
(University of Canterbury, 2021) Wang, Xu
The issue of reducing reoffending has been an age-old challenge in criminological research and sentencing policy. Three-strikes sentencing purports to achieve this goal by imposing mandatory minimum sentences for repeat offenders. This thesis examines the efficacy of three-strikes sentencing methods at reducing violent reoffending. This thesis begins by examining the objectives behind the introduction of New Zealand’s three-strikes regime. It then goes on to analyse the application of the regime in practice as seen in case law. Expanding upon this analysis, this thesis goes on to discuss the impact of the regime on criminal lawyers, and defendants who are subject to the regime. Following from that, this thesis goes on to analyse the theoretical basis of the three-strikes regime, and whether New Zealand’s implementation and application of the regime is theoretically justified. Finally, this thesis discusses the potential repeal of New Zealand’s three-strikes regime, how a potential repeal may be implemented, and the practical implications of such a repeal.