Otago University Research Archive
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Agony, Exclusion and Colonial Reproduction: A critical examination of the Doctrine of Difference in Aotearoa New Zealand
No full textThis article examines how contemporary legal discourse perpetuates and reproduces colonial structures and some less risky alternatives. It does so through an inquiry into how First Peoples enter into legal relationships with the Crown. In this inquiry, we combine the doctrine of discovery, a well-known concept in the literature of Indigenous peoples and law, with the “dynamic of difference”, a concept stemming from ‘Third World Approaches to International Law’, to generate what we call the “doctrine of difference”. The doctrine of difference aids in orienting legal discourse within broader conceptualisations of power to better understand the risks that arise when First Peoples enter into legal relationships with the Crown. One way of entering into legal relationships is to use rights-based legal discourse. Through the doctrine of difference, we argue that this requires rights claimants to construct themselves as subjects of a pre-existing legal discourse, which reproduces the universalising and naturalising dynamics associated with colonialism. In contrast, First Peoples may enter into a legal relationship through an agonistic deliberative process that re-centres and invests in place-based legalities, languages and forms of life. Such agonistic deliberative alternatives may partially avoid some of the universalising and naturalising effects (re)produced by rights-based legal discourse.Peer Reviewe
Class Actions, Crown Negligence, Immunities and Epidemics on Trial
No full textMight the Crown be held liable for permitting the incursion of a contagious disease into New Zealand, resulting in epidemic spread and significant economic loss? Should it be liable? While these questions might attract interest due to New Zealand’s COVID-19 response, and on-going outbreaks related to border controls, the Court of Appeal recently answered this question regarding a bacterial disease (Psa3) affecting kiwifruit in Attorney-General v Strathboss Kiwifruit Ltd [2020] NZCA 98. In Strathboss the Court of Appeal found that the Crown was immune from liability in tort for the spread of the Psa3 bacterium amongst kiwifruit orchards in New Zealand, from 2010. This case is foremost a consideration of Crown immunity in tort, and secondarily an analysis of negligence. As the Supreme Court has granted leave to appeal on broad grounds (Strathboss Kiwifruit Ltd v Attorney-General [2020] NZSC 68), we highlight aspects of the decision that require further scrutiny and clarification.Peer Reviewe
Searching for the Author: A performative reading of legal subjection in David Foster Wallace’s The Pale King
No full textDavid Foster Wallace died before the publication of his novel The Pale King, which complicates and is, indeed, important to this novel. This article argues that law – as a broadly construed concept – is a character and subject of The Pale King. Many of the characters enact a form of legal subjection, by becoming agents of U.S. tax law, which construes them as agents of the law while providing them with their sense of self. Major themes of the novel revolve around tax law, which constitutes individualized legal subjects and political bodies. However, the legal performative interpretation provided here is not a simple or straightforward analysis. Because Wallace died before the novel was published, but then appears within the text as the author who is subject to the law, The Pale King plays with and reflects on the multiple conditions of legal subjection, that which constructs and deconstructs the conditions that allow one to be both subject and free, false and real, fiction and nonfiction. Because we cannot know if Wallace is actually the author of the text, The Pale King reveals processes of legal subjection by providing readers with the opportunity to performatively subject oneself to that text, which they exhibit by attributing authority to Wallace.Peer Reviewe
Consent, custom and international law in South Africa: What Australian lawmakers could learn
No full textThis article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court’s reasoning to explore how a non-Australian common law state protects a traditional community’s customary laws and practices through legislation, a Constitutional Bill of Rights, and international law. Although a South African case, Baleni demonstrates how similar common law countries have adopted distinct approaches to protecting and treating traditional communities, from which Australian lawmakers could learn.Peer Reviewe
Endophytic phaeophyceae from New Zealand
No full textThe aims of this study were to find endophytic brown algae in marine macroalgae from New Zealand, isolate them into culture and identify them using morphological as well as molecular markers, to study the prevalence of pigmented endophytes in a representative host-endophyte relationship, and to reveal the ultrastructure of the interface between the obligate parasite Herpodiscus durvillaeae (LINDAUER) SOUTH and its host Durvillaea antarctica (CHAMISSO) HARRIOT.
Three species of pigmented endophytic Phaeophyceae were isolated from New Zealand macrophytes. They were distinguished based on morphological characters in culture, in combination with their distribution among different host species and symptoms associated with the infection of hosts. ITSl nrDNA sequences confirmed the identity of two of the species as Laminariocolax macrorystis (PETERS) PETERS in BURKHARDT & PETERS and Microspongium tenuissimum (HAUCK) PETERS. A new genus and species, Xiphophorocolax aotearoae gen. et sp. ined., is suggested for the third group of endophytic Phaeophyceae. Three genetic varieties of L. macrorystis as well as two varieties each of M. tenuissimum and X. aotearoae were present among the isolates. L. macrorystis and X. aotearoae constitute new records for the marine flora of the New Zealand archipelago, on genus and species level. The red algal endophyte Mzkroryphar pacchymeniae LINDAUER previously described from New Zealand is possibly synonymous with Microspongium tenuissimum.
The prevalence of infection by Laminariocolax macrorystis was investigated in three populations of Macrorystis pyrifira along the Otago coast. Two of the populations situated inside and at the entrance of Otago Harbour showed high infection rates (average between 95 and 100%), while an offshore population was less infected (average of 35%).
The phylogenetic affinities of the parasitic brown alga Herpodiscus durvillaeae, an obligate endophyte of Durvi!!aea antarctica (Fucales, Phaeophyceae) in New Zealand, were investigated. Analyses combined nuclear encoded ribosomal and plastid encoded RuBisCO genes. Results from parsimony, distance and likelihood methods suggest a placement of this species within the order Sphacelariales. Even though H. durvillaeae shows a reduced morphology, molecular data were supported by two morphological features characteristic for the Sphacelariales; the putative presence of apical cells and the transistory blackening of the cell wall with 'Eau de Javelle'.
Ultrastructural sections showed evidence for a symplastic contact between the cells of the parasite H. durvillaeae and its host D. antarctica. Within the host cortex, parasite cells attack the fields of plasmodesmata connecting host cells. In these areas, parasite cells squeeze between the host cells and form secondary plasmodesmata connecting the primary plasmodesmata of the host cells with the cytoplasma of the parasite cell.
Moreover, despite being described as lacking pigments, H. duroi!!aeae possesses a rbcL gene, and its plastids show red autofluorescence in UV light, suggesting the presence of a possibly reduced, but functional photosynthetic apparatus. Vestigial walls between developing spores in the 'secondary unilocular sporangia' of H. duroi!!aeae confirm the identity of these sporangia as plurilocular gametangia, derived from reduced gametophytes which were entirely transformed into gametangia
Blue-sky Thinking: Flood Risk Management and Blue-Green Infrastructure in Brisbane and Singapore
No full textFloods are caused by a wide range of meteorological and environmental factors and issues around infrastructure and land use, resulting in various environmental, social and economic ramifications for societies. Brisbane, Australia, is a key example of a highly urbanised and dense city that is threatened by floods due to its location on the Brisbane River floodplain, which also exposes it to a myriad of sub-tropical climatic patterns. Hence, flood risk management strategies are used by authorities, institutions and communities to address and mitigate potential flood risks. However, the unpredictable nature of floods, diverse priorities of governments and differing institutional structures hinder the development of a standard framework for flood risk management thus different combinations of approaches are used to suit the local context. Moreover, technology and knowledge advancements have led to growing global shift towards using more nature-based solutions such as Blue-Green Infrastructure (BGI) to help support current flood risk management efforts.
This research aims to explore the flood risk management strategies used after the 2011 Brisbane floods and to investigate the capacity for BGI in this management. A qualitative approach was used to investigate the primary case study of Brisbane in comparison to the secondary case study of Singapore, another high-density city that experiences flooding and incorporates BGI within its flood risk management at a national scale. As there are different mechanisms used to mitigate flood risks, it is important to identify how BGI can be implemented to effectively support existing infrastructure. Research methods included a literature review around flood risk management, BGI and the contexts of Brisbane and Singapore; a detailed analysis of planning and policy documents; and semi-structured interviews with academics, consultants and Brisbane City Council (BCC) staff.
The analysis of policy and planning documents identified that flood risk management strategies differed according to the individual document’s purpose, wherein the BCC uses more types of strategies and incorporates a medium to high level of BGI in their documents compared to the Queensland (state) and Australian (federal) Governments. Although there is considerable incorporation of BGI in the BCC’s plans there is still significant overlap in the Queensland Government’s policies, hence the planning environment and its documents would benefit from being streamlined for clarity.
In contrast, the Singapore Government’s documents and approaches demonstrated consistent strategic preferences within a centralised integrated stormwater management approach with a high level of BGI integration throughout. Interview findings highlighted the value of the BCC’s flood risk management strategies but called for more accuracy, with the effectiveness hindered by complex challenges of differing levels of risk perception and literacy; deficiencies in planning and decision-making processes; and strong development pressures. Existing BGI initiatives such as that of Oxley Creek and Norman Creek were seen to be successful, albeit slow in growth. This slow uptake was suggested to be due to vested interests, funding constraints, and a lack of clarity in its maintenance and communication of its benefits. Singapore’s flood risk management approach, conversely, was noted for its centralised and proactive governance, planning efficiency, stable funding and efficient public communication, although public involvement needed to be improved upon. Singapore’s Active, Beautiful, Clean Waters Programme was highlighted as an example of a successful national BGI initiative for Brisbane to formulate approaches that can be implemented at a wider scale.
Brisbane and Singapore have demonstrated different strengths and weaknesses in terms of flood risk management and BGI. Flood risk management in Brisbane, particularly its BGI implementation, can be improved with learnings adapted from Singapore’s strengths, and vice versa. The BCC has demonstrated significant efforts in diversifying its strategies and enhancing the level of BGI to address flood risks, however for these efforts to persist, local and state government decision-makers should also address political priorities that favour development over flood risk planning, provide more robust flood risk management controls and risk indicators, and work towards transitioning to more holistic and integrated flood risk management frameworks
Associations between energy intake and physical activity in a sample of adolescent females in New Zealand
No full textBackground: Physical activity and energy intake are the two most variable components of energy balance and their association with obesity has been studied separately throughout literature. Despite their important role in energy balance, there is limited evidence describing the direct association between physical activity and energy intake.
Objective: The purpose of this study was to investigate associations between energy intake and physical activity levels across categories of BMI in adolescent females from the SuNDiAL project.
Design: Adolescent females aged 15-18 y were recruited from eight locations around New Zealand to participate in the SuNDiAL project. Physical activity was measured using ActiGraph GT3X+ accelerometers worn on the right hip 24 hours a day for seven days. Energy intake was measured via two 24-hour dietary recalls and adjusted to represent usual intake using MSM. Height and weight were used to calculate BMI, and WHO growth standards were used to calculate z-scores to categorise participants as normal weight, overweight or obese.
Results: 34.5% of the sample were classed as overweight or obese with zero participants in the underweight category. Less than 25% of the sample met the physical activity guideline. 26.9% of participants in the healthy weight category met the physical activity guidelines, while only 11.1% of participants in the obese category met the guideline. Energy intake for healthy weight and obese individuals was similar across BMI categories, however the lowest energy intake was observed in those classified as overweight, but who were meeting the physical activity guidelines. There was no evidence of meaningful association between energy intake and physical activity (R2=0.015).
Conclusion: No overall association was found between energy intake and physical activity. Small but insignificant associations were found within BMI categories. Some participants in the overweight category were found to be conducting more physical activity and eating less, likely with intentions to lose weight. Given the sample size is not representative of the New Zealand population further research is required to draw stronger conclusions. Regardless, the findings of this study highlight the need for extensive improvements to be made to help increase physical activity in adolescent girls
Central Regulation of the Diabetic Heart
No full textCardiovascular diseases account for 80% of the premature mortality amongst individuals with Type 2 Diabetes Mellitus (DM). Diabetes is associated with detrimentally higher sympathetic drive to the heart and with disrupted circadian rhythms in autonomic function. Together, these phenomena impair the autonomic control of the heart, leading to a complication known as Cardiac Autonomic Neuropathy (CAN). Because pharmacotherapies for diabetic CAN are based on extrapolated findings from studies in other cardiovascular diseases, they tend to be less effective in diabetic than healthy individuals. This necessitates an alternative approach to managing diabetic CAN. Pharmacological agents used in treatment interventions for diabetic CAN almost exclusively target the peripheral manifestations of the higher cardiac sympathetic nerve activity rather than its unknown central origins. Therefore, the current project was designed to determine central neuronal activation patterns in brain regions involved in cardiac sympathoregulation in DM.
The rostral ventrolateral medulla (RVLM) is the final integrative site for differential sympathetic outflow from the brain and it receives inputs from sympathoregulatory regions such as the hypothalamic paraventricular nucleus (PVN), the nucleus tractus solitarius (NTS) and the area postrema (AP). However, it is not known whether the RVLM drives the cardiac sympathoexcitation in DM and what inputs to the RVLM might increase neuronal activation in the RVLM in DM. Double-label immunohistochemistry for ΔFosB (a marker of chronic neuronal activation) and markers of neuronal phenotypes in 20-week-old male DM Zucker Diabetic Fatty (ZDF) rats was used to test the hypothesis that higher activation of PVN, NTS, and AP neuronal projections to the RVLM is responsible for the higher cardiac sympathetic drive in DM. The results showed that more noradrenergic RVLM neurones co-expressed ΔFosB in DM ZDF rats (9 ± 1 neurones) than non-diabetic (nDM) ZDF rats (3 ± 0 neurones, P < 0.001, unpaired t - test). DM rats exhibited higher ΔFosB expression in the PVN (P < 0.05), NTS (P < 0.05) and AP (P < 0.01). ΔFosB expression was higher in PVN corticotropin-releasing hormone (CRH) neurones in colchicine-treated DM compared to nDM rats (P < 0.05). The axonal transport blocker colchicine was administered to enable easier visualisation of CRH. Retrograde labelling studies showed that the numbers of RVLM-projecting CRH-, oxytocin- or vasopressin-expressing PVN neurones that also expressed ΔFosB were not different between nDM and DM rats. Likewise, the numbers of RVLM-projecting noradrenergic NTS and AP neurones that also expressed ΔFosB were not different between nDM and DM rats. These data indicate that afferent inputs from the PVN, NTS or AP do not underlie the higher activation of noradrenergic RVLM neurones in DM.
Obesity is often associated with both DM and higher sympathetic nerve activity. The DM ZDF rats used in the current study also exhibit hyperphagia-induced obesity. Therefore, immunohistochemistry for ΔFosB in sympathoexcitatory energy homeostasis centres was carried out to test the prediction that higher neuronal activation in hypothalamic energy balance regions is observed in DM ZDF rats. The data revealed lower neuronal activation in the arcuate nucleus, ventromedial hypothalamus and dorsomedial hypothalamus, suggesting that obesity is unlikely to underlie the cardiac sympathoexcitation in the ZDF rat model of DM.
Physiological and behavioural functions exhibit 24-hour circadian rhythms that are largely disrupted in DM. Specifically, patients with DM fail to exhibit normal nocturnal dips in sympathetic nerve activity and heart rate. These circadian misalignments are promising therapeutic targets for diabetic CAN. Circadian variations in neuronal activation in the RVLM and NTS are likely to reflect circadian fluctuations in cardiac efferent and afferent sympathetic nerve activities respectively. Double-label immunohistochemistry for c-fos (a marker of acute neuronal activation) was used to test the hypothesis that nocturnal dipping in the activation of noradrenergic RVLM and NTS neurones is absent in DM ZDF rats. A 2-way analysis of variance (ANOVA) for the number of noradrenergic RVLM neurones that also expressed c-fos showed a significant effect of time (active phase > inactive phase; P nDM; P nDM; P < 0.001, 2-way ANOVA). However, the effect of time of day on c-fos expression in noradrenergic RVLM and NTS neurones was not dependent on diabetic status (no interaction, 2-way ANOVA). These data support the suitability of 12- and/or 24-hour drug release systems in the treatment of diabetic CAN. The primary goal of the chronopharmacotherapy should focus on stabilising cardiac sympathetic nerve activity during the active phase.
Previous research on diabetic CAN has narrowly focused on pathologies at the heart without considering the interplay with central neural input. The current data show for the first time that DM is associated with altered neuronal activation patterns in sympathoexcitatory brain regions during the inactive and active phases. However, circadian fluctuations in neuronal activation in the regions studied are not dysregulated in DM. There is a palpable need for further research into the neuronal circuit(s) underlying the higher cardiac sympathetic drive in DM. This warrants retrograde tracer injections into the intermediolateral cell column of the upper thoracic spinal cord (from where cardiac sympathetic nerves originate) combined with immunohistochemistry in central pre-sympathetic regions such as the RVLM, PVN, and dorsal raphe nucleus
Understanding the Effect of Dining and Motivational Factors on Out-Of-Home Consumer Food Waste
No full textApproximately 12% of total food waste is generated at the hospitality and food service level. Previous research has focused on kitchen and storeroom operations; however, 34% of food waste in the sector is uneaten food on consumers’ plates, known as “plate waste”. The effect of situational dining factors and motivational factors on plate waste was analysed in a survey of 1001 New Zealand consumers. A statistically significantly greater proportion (p < 0.05) of participants reported plate waste if the meal was more expensive, longer in duration or at dinnertime. Irrespective of age or gender, saving money was the most important motivating factor, followed by saving hungry people, saving the planet and, lastly, preventing guilt. Successful food waste reduction campaigns will frame reduction as a cost-saving measure. As awareness of the environmental and social costs of food waste builds, multifactorial campaigns appealing to economic, environmental and social motivators will be most effective
Chinese consumers’ perceptions of food safety cues and maximising the effectiveness of food safety communications
No full textFood safety is an issue of key concern for Chinese consumers. This study identifies intrinsic and extrinsic cues on product labels or websites that Chinese consumers use to assess a product’s perceived safety. Five structured focus groups (total participants n 5 41) were run in Suzhou China, in Chinese, to gather consumers’ perceptions towards food safety cues. A total of 18 safety cues were identified during the focus group discussions. Certifications, country of origin, production date and shelf life, ingredients and materials and nutritional information were the five safety cues consumers perceived to be the most important. The risks perceived by consumers differed based on: product category (e.g. meat, dairy, cereal); product form (e.g. fresh, chilled, frozen) and degree of processing. Interestingly, consumers used different food safety cues to assess a packaged product compared to the product shown on a website. While providing deep qualitative insights into perceptions of food safety cues, further studies which seek to conduct quantitative work within a wider demographic context are encouraged. This information will help to provide best practice advice for international marketers and government risk communicators on how and where to communicate the safety of food products so that they can maximise the effectiveness of their messaging within the appropriate information channels and thereby ensure that it resonates well with Chinese consumers. This study contributes to the academic knowledge of consumer perceptions of cues related to food safety