This issue 2 Hubble telescope 3 Human rights 4 Justice Chambers

University of Auckland news for staff | Vol 43 | Issue 10 | 27 June

IN THE MOOD Photos by Samuel Hartnett

On a recent bleak wintery day, 240 brightly coloured “mood” sticks were carried by a crowd, in procession across Auckland City, creating accents of vivid colour against an otherwise grey backdrop. The hikoi was part of a work by Associate Professor Peter Robinson (Elam School of Fine Arts) for the 5th Auckland Triennial, entitled If You Were to Work Here: the Mood in the Museum. Consisting of long, slender, felt-covered aluminum rods, Peter Robinson’s artwork is an evolving piece that plays with hierarchy and protocol, and changes depending on people and place. The artist adopted the Hippocratic colour mood, removed them from the Art Gallery floor wherever they want in the exhibition halls system - red (sanguine), blue (phlegmatic), yellow and transported them on foot to the Auckland (see above). Around 60 Museum employees, (choleric) and green (melancholic) - to imbue Museum. from all echelons, will participate in the each coloured stick with emotion. Following a formal ceremony where Museum ever-changing selection and display of the sticks If You Were to Work Here... started its first staff welcomed the work, the sticks were rested for the duration of the show. phase on the floor of the Atrium of the Auckland against the walls of the grand foyer for a day, Make sure you get along to the Museum and Art Gallery, where it was laid out to resemble a before beginning their next transformation. The view this marvelous evolving installation. We large roimata tukutuku pattern. Seeming formal artwork will now remain at the Museum until welcome images depicting interesting stick and solemn in the gallery, next the work became mid-August, being constantly altered as locations, for possible placement on the staff lively when taken into the streets by volunteers members of staff choose a “mood” stick, intranet. For more information visit: who, each picking a coloured stick to reflect their depending on how they feel, and place the stick aucklandtriennial.com

UNIVERSITY NEWS IS PUBLISHED BY Communications, Fisher Building,18 Waterloo Quadrant, Private Bag 92019, Auckland 1142. EMAIL [email protected] www.auckland.ac.nz/universitynews EDITOR Judy Wilford PHOTOGRAPHY Godfrey Boehnke, Samuel Hartnett DESIGN AND PRODUCTION The University of Auckland Staff member’s film showing in Shanghai

2,064 short film nominations received for the festival from 90 countries. Peter initially graduated from the University in 1998 with a BSc majoring in psychology, but his on-going interest in film spurred him to an MA in Screen Production. He finished last year with first class honours. The postgraduate Screen programmes are run through the Department of Film, Television and Media Studies. FTVMS is the only film school that belongs to CILECT, an international grouping of elite film schools that was established at Cannes in 1955. “I had always studied maths and science but what I was always interested in was film. I haven’t really looked back since. I feel really lucky.” Peter Simpson, senior technician in the one’s breath. The socially awkward outsider He credits his department colleagues and Department of Film, Media and Television plans to use this achievement to impress fellow professional staff manager Gaynor van Beurden Studies (FTVMS), has had a short film accepted student Sarah enough to persuade her to for their support during his MA and the making into this year’s 16th Annual Shanghai become his girlfriend. of the film. International Film Festival. The film was completed as part of Peter’s MA Peter flew to Shanghai on 15 June to attend A Few Seconds More tells the story of Ben, a in Screen Production last year. It has been the festival. During his visit he planned to attend boy of ideas and fixations who flits from one epic selected into the festival’s International Student some of the film master classes, including one project to the next. His current obsession is to Shorts Exhibition and Competition. The selection being hosted by Oliver Stone. become the world record holder for holding is impressive as A Few Seconds More was one of

Spot the difference

Stars (eight times the mass of our sun) that are Adding to the complexity is the frequent work with colleagues from Belfast, as well as for about to explode - as massive supernovae that occurrence of binary stars – twin stars in close the supernova work with his Baltimore burn out in a few days – would be expected to proximity – which means that even when one of collaborators. Their successful application to use show up quite clearly when viewed by the pair explodes, the other may be left behind the telescope was called “How low can they go”, cutting-edge observatories. in the telescope images. John compares the though John admits he would have preferred painstaking work to stellar forensics. But in fact, they are often too dim to be “Interstellar limbo”. The supernovae he will study exploded long detected by a telescope and tend to be less John feels lucky to have succeeded. The enough ago that the light from the explosion has bright than physicists’ current models of stars telescope is hugely oversubscribed, with now faded. His American colleagues will use the predict. University astrophysicist Dr John scientists asking for five times as much access as new data to investigate two possible reasons the Eldridge (Department of Physics) has won time is available. on the Hubble Space Telescope to learn more stars are less bright than expected: one is that about why this is so. the energy inside the star is different from that Working with colleagues from Baltimore, he predicted by current models, and the other is will use a technique called image subtraction to that the surface of the star produces dust that compare images of the night sky before and obscures its light from the telescope. after a supernova is detected, to determine Because supernovae are quite rare (there is which star has exploded, what it looked like only one each century in our galaxy), any before it exploded, and how its characteristics information that can be gathered is a valuable compare with current models. addition to physicists’ stellar models. But it’s not It’s like a “spot the difference” puzzle, just a question about the far reaches of space. complicated by the fact that he’s looking for “All the stuff that makes me and you comes from stars that may be below the telescope’s level of supernovae,” John explains. “The heavy detection. Hubble operates in deep space and, elements, like carbon, iron and gold, all come as with a camera taking pictures in the dark from supernovae, so studying them is important without flash, its images contain a lot of “noise” in order to understand how everything came to or graininess. The challenge is to subtract the be.” same amount of noise from the “before” and John came to the University in late 2011, after “after” pictures to try and detect any glimmers working at Queen’s University Belfast, Paris, and of the star that exploded. Cambridge. He will use Hubble data for ongoing

2 27 June 2013 Human rights and the constitution From the Vice-Chancellor

However, others gave contrasting emphases. Ced Simpson, a leading NGO activist, suggested that the question of whether we need additional protection for human rights should be explored by asking those whose rights might be compromised. He added that New Zealand has signed many more international documents that guarantee rights than are properly reflected in domestic law, and that the opportunity should be taken to modify this. Various workshops conducted during the symposium brought suggestions such as The recent decision by the University to acquire providing additional rights. the former Lion Breweries site to create a For example, Associate Professor Jennifer Newmarket Campus linked to the City and Grafton Curtin from the Department of Political Studies Campuses is very exciting, but it also creates for us the new challenge of gradually repatriating Our New Zealand constitution is currently was the rapporteur for a workshop that activities from the Tāmaki Campus to the three being reviewed. (Yes, we do have one, just not concluded that there was a good case for better inner city campuses. in a single document.) incorporation (into New Zealand’s framework) of the rights supposedly guaranteed at the The University Council has adopted a set of Submissions can be made to the Constitutional international level by the Convention on the “Principles for the withdrawal from Tāmaki”. Advisory Panel (www.cap.govt.nz) until the end of Elimination of all forms of Discrimination against Paramount among these is the principle that the this month. Women. Other workshops considered the issue of withdrawal must be orderly, ensuring that the The background to the review of the human rights from the perspective of people with greatest possible benefits are created for, and the constitution was set out at a recent symposium disabilities, of young people, and in the context of minimum amount of harm done to, our students, hosted by The University of Auckland’s NZ Centre economic interests. staff and community partnerships. The University for Human Rights, Law, Policy and Practice. There were also debates about the mechanics will seek to maximise the financial benefits of the Dr Ranginui Walker, a member of the of securing rights. Dr Wayne Mapp, now a Law withdrawal in order to contribute to the cost of Constitutional Advisory Panel, explained that the Commissioner, expressed the view that there Newmarket and other campus development current conversation was part of a series that should be an expanded and consolidated activities. However, it recognises that parts of the had occurred through recent New Zealand Constitution Act. Royden Hindle, former chair of Tāmaki Campus (notably Colin Maiden Park and history. the Human Rights Review Tribunal, suggested associated facilities) have significant amenity value. The focus at the symposium was on the that there be a new Constitutional Court that The repatriation of staff and students from treatment of human rights within the would be able to rule on matters relating to Tāmaki will be driven primarily by opportunities to constitution. The full range of views was on offer. human rights and also the Treaty of Waitangi. locate them appropriately on the City, Grafton or John Hannan, formerly a lecturer in the Law Papers presented at the symposium will be Newmarket campuses. We already have University School, and Professor Paul Rishworth (picture submitted to the Constitutional Advisory Panel. Council approval for campus development projects above), currently at the Law School, offered a Those wanting to learn more about the valued at over half a billion dollars, notably the view that the treatment of human rights in our Constitutional conversation, or to submit to the major new builds and refurbishments for the current framework was about right. Paul noted Panel, should visit its website: Engineering and Science faculties. This means that that the substance of the rights enjoyed by New www.cap.govt.nz our ability to create additional facilities in Zealanders was as good as that enjoyed by those replacement of those at Tāmaki will in the short with a much greater formal level of protections Kris Gledhill, Co-Director, NZ Centre for Human term be quite limited. for rights, such as in the United States. Rights Law, Policy and Practice Sale of the campus could, of course, alleviate some of those financial constraints, but will not overcome the challenges of building on the scale we are at present - there are only so many large Delegation from Colombia projects that can be managed at once. Sale of the The University hosted its first high-level delegation from Colombia, led by Vice-Minister of Higher campus will therefore not necessarily imply Education Patricia Martinez Barrios (seen here speaking with Vice-Chancellor, Professor Stuart immediate withdrawal from it. For example, some McCutcheon), on Friday 31 May. facilities at the campus could be leased back from a new owner. The Vice-Minister’s visit was the culmination of As the process of withdrawal evolves, the a broader tour to New Zealand that saw both University will maintain facilities at Tāmaki to an countries commit to building educational appropriate standard but will not invest significant connections and to developing joint initiatives in new capital. We are also committed to ensuring the internationalisation of higher education. After that a vibrant active community is maintained on a welcome from the Vice-Chancellor the the Tāmaki Campus until the repatriation process is delegation received presentations on our food complete. We will maintain a high level of and health programme and the University’s engagement with staff and students at Tāmaki, with strengths in energy and the environment. colleagues on other campuses, and with community representatives, to ensure as far as possible that there are no surprises for any of those involved.

The University of Auckland News 3 A new venture for Michael Neill

It seems to be a tradition that professors never retire – they just keep working in new and interesting ways. This is certainly true of Emeritus Professor Michael Neill (Department of English), who is soon to leave for the University of Kent in Canterbury, where he will spend six to eight weeks a year over the next three years as Professor of Early Modern Studies. Michael is looking forward to spending time in Europe and to teaching in a new environment. “I like to teach, because what I have written has usually come out of my teaching,” he says. Among Michael’s valued experiences (along with his teaching and writing) over his more than four decades in the English Department have been his contacts with “extraordinarily talented people”, whom he would not otherwise have had the chance to meet. Michael received much media attention for his Meantime, his work continues at quite an One of the most memorable of these people, recent outstanding performance in Summer impressive pace. Having just completed a new brought over by the University to deliver a public Shakespeare’s King Lear, a fitting finale for his edition of The Spanish Tragedy by Thomas Kyd, lecture series in the mid-1980s, was Kenyan years of teaching Shakespeare to successive Michael is currently editing John Webster’s The novelist, Ng g wa Thiong’o, whom Michael generations of students at The University of Duchess of Malfi, as well as co-editing The Oxford describes as “an interesting and powerful novelist Auckland. He enjoyed the feeling of “belonging to a Handbook of Shakespearean Tragedy, with David and a left-wingũ ĩ dissident who spent many years small temporary community united by their Schalkwyk, Director of Research at the Folger behind bars”. His lecture series, entitled “The dedication to a common project”; it was a rare Shakespearean Library in Washington DC. question of language in African literature”, was privilege to work with seasoned professionals like “You’ll have to have rather big hands,” as later developed into a very influential book called Michael Hurst; and he especially appreciated the Michael wryly remarks, since the ‘Handbook’ will Decolonising the Mind. skills of director Lisa Harrow in showing the include approximately 50 essays of 8,000 words “This was a highly significant series” says younger actors how to use the text. “If you each. Michael, “because it coincided with the Mäori understand how the verse works, the language language revival and had strong resonances here.” becomes lucid.”

Special memories

Members of The University of Auckland’s Law Law of Torts and to the Law of Torts in New where none was obvious,” says Peter Watts. Faculty have joined the judiciary and legal Zealand. Professors Paul Rishworth and Ron Paterson profession in paying tribute to Justice Sir He became a barrister sole in 1981 and was share strong memories of Justice Chambers Robert Chambers who died on 21 May 2013 appointed Queen’s Counsel in 1992. He became from their high school and university years. at the age of 59. a Judge of the High Court in 1999 and a Judge “Rob was a little ahead of me at school where “Rob Chambers was not only one of the Law of the Court of Appeal in 2004. Justice he stood out even then, not just for his supreme School’s most distinguished alumni,” says Dean Chambers was appointed to the Supreme Court intelligence, but also for his unfailing kindness of Law, Andrew Stockley. “He was a great friend in December 2011. and good humour. As a lawyer, these combined to the Law School over many years. He has Law Faculty members remember Justice with another almost indefinable quality - good attended many of our events, sat on our most Chambers as a man of great ability and judgment. Together these made him an recent appointments panel, and contributed to character. Professor Peter Watts recalls: “Rob exceptional person, and a great judge, who will the life of the Law School in innumerable ways. was a welcome presence at the Law School be missed hugely,” says Paul Rishworth. We are all going to miss his interest in throughout my nearly 30 years here. He loved to “A great sense of fun and mischief everything going on, his great company and his amuse and be amused; mischievous sometimes, accompanied everything Rob Chambers did. I wonderful sense of humour.” but always benevolent. In 2011 when I promoted remember him from high school days, winning Justice Chambers graduated from The the FMB Reynolds Scholarship for postgraduate the public speaking competition each year; as University of Auckland with a Bachelor of Laws study by New Zealand lawyers at Oxford my tutor in Legal System, bright and with Honours in 1975. This was followed by three University, Rob was the very first person to enthusiastic; as a doctoral student at New years studying at Oxford University, where he donate, making suggestions as to who else College, Oxford, reporting the delights of life graduated with a doctorate in 1978. On his might, and asking how progress was going. He and law at Oxford; and as a talented but return to New Zealand he lectured Torts at the cared greatly about universities, and not just the refreshingly down-to-earth judge – we loved to Auckland Law School for several years while two he had attended. exchange amusing stories from the bench and beginning in practice. Throughout his career he “He was a superb contributor at a meeting; the academy. Like his many friends at the Law made a valuable contribution to legal writing, able immediately and fluently to draw all the School, I will miss Rob greatly,” says Ron contributing chapters to Salmond and Heuston’s threads together and to suggest a solution Paterson.

4 27 June 2013 From the cultural collection Research News

Super successful HRC round The University has picked up just over 50 percent of the total amount awarded by the Health Research Council in the 2012/2013 funding round. Three programmes and 13 projects were funded with a total value of $31.2 million. The total value of the funding round this year was $61.5 million. Congratulations are extended to the successful researchers and their teams. For more details see: University home » Staff Intranet » News, Events and Notices » News » University awarded $31.2 million for health research. This month the University submitted 12 concept outlines for International Relationship Fund China-New Zealand collaborations.

National Science Challenges and

One of the unexpected challenges that can silkworms through to weaving. What the East Centres of Research Excellence result from official presentations made to China Normal University may not have known (CoRE) funding round University of Auckland staff when they are when making the presentation is that the The University has nominated between two and overseas is the careful transportation of the University Library holds an earlier very rare three researchers to each of the workshops being items back to Auckland. edition with hand-coloured illustrations. With run in June by the Ministry of Business, Innovation Glass, wooden, fabric, metal, paper and other access to the facsimile students and staff are and Employment to develop the detail of the ten items have featured in the commemorative ware now able to work closely with the copy as well as National Science Challenges. It has also nominated presented both when representatives from The view the rare book. five emerging researchers. The University ran University of Auckland visit overseas universities Other items in the collection of internal workshops on each of the challenges in and when visiting delegations come to Auckland. commemorative ware presented over many early June to provide information about them to The gifts act as symbols of the regard the years include numerous pictorial and decorative the University community and to inform nominees institutions hold each other in, and as a objects including ceramic, wooden, scroll and to the MBIE workshops about capability relevant to representation of the goodwill of the meeting. metal works. Many have inscriptions identifying the challenges, in the University and nationally. the donor university and country and are This book, Geng zhi tu, was presented to the In June, the University’s CoRE Steering Group will displayed in various locations around the Deputy Vice-Chancellor (Strategic Engagement) make decisions on which of seven Expressions of University. They represent an aspect of the on her trip to China in October 2012 by Interest for CoRE bids will be supported in the 陈群 long-standing relationships The University of Professor Chen Qun ( ) President of East upcoming investment round. The University is Auckland has with some institutions and China Normal University. Beautifully bound and seeking to support one or two additional CoREs in countries, and also recall significant visits. encased it is a copiously illustrated facsimile of the upcoming CoRE round, and a small number of an important text written as an agricultural new bids led by other universities, as well as July Rea manual during the reign of the Kangxi Emperor supporting rebids of the existing CoREs. in the late 1600s and early 1700s. Rice farming Executive Assistant to Professor Jennifer Dixon, is pictured, as is silk farming, from harvesting of DVC Strategic Engagement Information Day on the Research Funding Module The Research Office is offering an Information Day Inaugural piano competition on the Research Funding Module on Friday 28 June from 9am -1pm, for all University professional staff The Wallace National Piano Competition, to be held between 4 and 7 July, will bring together 16 members who use the Research Funding Module of New Zealand’s best young pianists, competing for prizes totalling $20,000. The patron is Sir for processing research applications and awards. James Wallace in association with the Lewis Eady Charitable Trust. The day will cover: • An overview of the module’s functionality and an The opening ceremony will be held on the An awards ceremony will follow at 7pm. In opportunity for questions and feedback evening of 4 July with a concert in the Music addition to cash prizes (with $10,000 for first • Future Opportunities with the Research Funding Theatre at the School of Music, featuring a place), prizewinners will also be considered for a Module competition draw and a recital by John Chen. regional tour with Chamber Music New Zealand • Managing the Approval Route After the preliminary rounds, to be held and concerto performances with the Auckland • Running reports using information from the during 5 and 6 July, adjudicator Michael Philharmonia Orchestra and Bach Musica. Research Funding Module Houstoun will select four finalists to play in the For more information contact the School of • Finding research funding opportunities using Grand Final at the Auckland Town Hall Concert Music on [email protected] or phone SPIN Chamber at 3pm on 7 July. The four finalists will 09 923 7707. The Info Day will be held at L10/49 Symonds St each perform a 45-minute programme. between 9am and 1pm. Please register with the Research Office Helpdesk at researchoffice@ auckland.ac.nz or by phoning 87956.

The University of Auckland News 5 From the art collection

Since the nineteenth century, to be bohemian then he was ready to travel to St Ives on the has meant living unconventionally, often as an Cornish coast to spend the following year with artist or writer. Bernard Leach. The Japanese master potter Shoji Mirek Smišek was born Bohemian, in Hamada invited him back to Japan to study folk southwest Czechoslovakia, a lively centre for potteries in the south in 1967, and on his return avant-garde design in Europe, but spent the last to New Zealand he set up shop south of Levin in 40 years of his life kicking a potter’s wheel on Te Horo, within sight of the heaving Tasman Sea. the Kapiti Coast. At first, profiles of the gnarled Tararua Ranges The Nazi invasion of his homeland in 1939 were scraped into the earthy slips he used to turned him into a teenage saboteur, and he was coat his rustic pots. Slowly he became known as punished with long, cold, hungry years in labour the local champion of the traditional Japanese and prison camps in Austria until the war’s end. salt glaze. Shovelling raw salt through cast iron Walking back to Dobra at the age of 21 years, louvres into his kiln once it reached a blistering he found the totalitarian rule of the USSR too 1300°C, he stood back for the fire ball of oppressive to condone. Assisted immigration chemical reaction. Sodium chloride vaporises brought him to Canberra where he learned Wedgwood lathe-turned white wonders. Smisek and reacts with steam to form hydrogen chloride pottery at night school, and his incipient spent eighteen months in New Lynn, creating his and soda, blending with the pigments and the claycrafting soon landed him a job as a designer own natty range of bulbous 120mm high vases silica in clay to form sodium silicate. Settling into for Diana Pottery at Marrickville in Sydney. There which were dubbed Bohemia Ware in his honour. a characteristic orange peel texture, this pitted he joined fellow Czech Tony Vacek to create Each handpotted shape was dipped in a treacle glazing was the perfect complement to the 6000 versions of the wildly popular Waltzing brown semigloss glaze which he then traced line functionality of his hand-thrown shapes. The Mathilda jug. Handpainted in a rural green and patterns through for a sgraffito effect. result was a simple and humble, naturalised pot, brown, it featured a music box in its base, with a Quickly bored by repetition of commercial still a bit Bohemian, but friendly and well- kitsch farmyard scene above. The irony of two production, he followed the clay south to Nelson. behaved. He produced many thousands of Czechs fresh off the boat creating something as For five years, he managed the Nelson Brick and iterations of the idea, including in hobbit, human Australian as a Waltzing Matilda jug delighted Pipe Company and taught pottery classes five and giant size for the Lord of the Rings trilogy, Smišek for the rest of his life. nights a week before building his own studio and and received an OBE for his efforts in 1990. He Cut off from supplies of genteel English china kiln in Nayland Road, Stoke, which he fired up died on 19 May 2013, aged 88, a master potter. during the war, Australasian consumers had full-time in 1957. Meeting Terry Barrow, Len driven domestic production of a rugged local Castle and Barry Brickell on their southern Linda Tyler crockery. Newly married, Smišek came to geological exploration, he was introduced to Auckland looking for opportunities with Crown Bernard Leach’s A Potter’s Book. Sixty years later, Mirek Smišek, (1925-2013), Vase, c.1980, salt Lynn. Tom Clark felt there was a market for he could still recite its wisdom: “It was a creative glazed, 290mm x 130mm diameter. something more stylish and sophisticated than philosophy directed to inspire people for a richer, the railway tea cup and put the young Czech to more expressive life.” work with Ernest Shufflebotham whom he had Throwing clay on a wheel led him to Japan imported from England after the war to create and a stint in the Faculty of Industrial Arts at copies of New Zealander Keith Murray’s Kyoto University for three months in 1962, and

Iconic art at OGH

striving for meaning, subtexts, cleverness or Dick Frizzell spent 16 years teaching at Elam whatever, because time will do all that. School of Fine Arts but later moved to Hawke’s “It’s a bit hard to have faith in that when Bay. Now he is back in Auckland, living in you’re young and have no past – but when Grafton. “I can’t tell you how excited I am to be you’re older and can actually see it working, back,” said Dick. “Hawke’s Bay is gorgeous but that’s quite something. too far away. I wanted to be in the city again.” “A sort of ‘phew’ moment as in ‘thank God I The exhibition of 18 works by Dick Frizzell, didn’t fall for that “deep and meaningful” trick, drawn from the University of Auckland Art because you’ve got a greater chance of it being Collection and from the Gow Langsford Gallery, there if you avoid it.” and organised by the Staff Common Room Club Among the people Dick thanked for helping in Committee, opened on 10 June and will continue “The artist’s main priority should be to stay in the show were John Taylor, President of the until 19 July. the moment,” said well-known artist, Dick University Staff Common Room Club, and Linda Frizzell, a former teacher at Elam, speaking at Tyler, Director of the Centre for Art Studies (both Photo: Linda Tyler (left) with Dick Frizzell the opening of an exhibition of his work at Old of whom spoke at the launch); John Gow and the at the opening. Government House. staff of the Gow Langford Gallery (which loaned The artist, he continued, needs to “concentrate many of the paintings for the exhibition); Anna on the language, cut through to the core of the Jackson; Amie Hammond; and Sam Hartnett thing and let time do the rest. By that I mean not and Eddie Clemens, who installed the show.

6 27 June 2013 What’s on Classifieds

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SATURDAY 6 JULY Seminar Rm 501-505, Bldg 501, 85 Park SATURDAY 29 JUNE Rd, Grafton. MISCELLANEOUS The Wallace National Piano Gallery event - Matariki Paparewa Queries to [email protected] City Legal Services. Rainey Collins The Lab, Auckland Art Gallery Competition Futures Evening Preliminary Piano Rounds. 9.30am, Wright is a small law firm centrally 10am-1pm - Design Charette: Textiles 4.30-8.30pm, Level 0, University of 7pm, Music Theatre, School of Music, 6 located at L1 Princes Court, 2 Princes and flag-making part .1 Auckland Business School, 12 Grafton Street. We are near the University, with 1.30-2.30pm - . Symonds St. Rd. good parking. We can assist with property 3-4pm - Documentary film screening. Queries to [email protected] Year 12 and year 13 students are invited transactions, trusts, wills, administration Matariki: Tatai Arorangi. Gallery events to join us in an exploration of science- of estates, enduring powers of attorney Visit aucklandtriennial.com Gus Fisher Gallery, 74 Shortland St. based careers. The evening features a and relationship property matters. Please Gallery event 1pm - Live saxophone performance of 3-2-1 by Callum Passells in relation range of role models who have chosen phone our senior solicitor Nichola Christie Gus Fisher Gallery, 74 Shortland St. to Anri Sala’s Long Sorrow. Asher inspiring - and sometimes surprising on 379 5828 to discuss your needs, or 1pm - Artspace Director Caterina Truppman Lattie will respond. - careers paths after completing their email [email protected] Riva discusses the Foyer Project with Queries to sciences studies. Visit www.rainey.co.nz Triennial artist Tahi Moore. [email protected] Free, but registration is required. For Travel. I have 12 years experience in 2pm - Anri Sala, 3-2-1, 2011, Visit aucklandtriennial.com registration visit www.science.auckland. booking all aspects of personal travel live saxophone performance by ac.nz/uoa/futures-evening. for university staff and lecturers. I pride Callum Passells in relation to Anri myself in ensuring that your travel plans Sala’s Long Sorrow. Queries to are sourced at the lowest possible costs [email protected] and are tailor-made to your requirements. Visit aucklandtriennial.co.nz Contact Karen on [email protected] or 940 0064 (wk) or (021) 188 7781.

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BURIAL DISPUTES

In most instances, families will resolve the buried with their ancestors. This reflects the deceased. Māori burial customs are a relevant issue of where a body should be buried magnitude placed on sustaining a connection to consideration to be weighed in exercising that without court interference. But what is the one’s whenua (land) and maintaining right. When there is a disgruntled party, a court legal position when there are irreconcilable intergenerational connectivity to the past, can hear the case and overturn the decision if it disagreements arising from deeply held present and the future. Burying a person with is inappropriate. In this particular case, the court conflicting cultural views? What weight does their ancestors ensures that a person is never held that Mr Takamore’s life choices in relation the law give to tikanga Māori? left in a strange place. It also keeps “the fires to living in Christchurch carried the greatest The Supreme Court of New Zealand recently burning” by connecting the person and their weight and were ultimately determinative. So his had to decide this matter in the case of children to their land and their iwi (tribe). This is body is to be exhumed and returned to Takamore v Clarke [2012] NZSC 116. In 2007, particularly pertinent in a reality where many Christchurch. Mr James Takamore, who was a member of the Māori live away from their tribal homeland. In regards to what this decision means for Tuhoe iwi, passed away intestate. He had The Māori process of deciding where a body tikanga, it does demonstrate the limitations of resided in Christchurch where he had lived with should lie is a collective one to be made by the judicial forums in recognising Māori customary his non-Māori partner Denise Clarke and their relations of the deceased, both immediate and law. Tikanga can still be practiced in a number two children for 20 years. Contrary to Ms extended. Although the wishes of the individuals of circumstances, for example: when there is no Clarke’s wishes, Mr Takamore’s body was taken themselves are influential, they are not dispute; when an executor concurs with the from Christchurch by his sister and other necessarily determinative. This therefore moves tikanga based approach; or when, even if an members of his family and buried in an away from the Western liberal emphasis on the executor does not agree with the tikanga, the ancestral marae in the North Island. individual. In accordance with tikanga Māori, the court finds that it should be given priority. But These facts highlight a clear clash of both process will usually result in consensus or a ultimately, as we saw in the Takamore case, legal and normative orders. On the one hand compromise. On the extremely rare occasion where the court placed weight on the individual Ms Clarke wanted Mr Takamore to be buried in where there has been no resolution, the and their autonomy, tikanga and its emphasis on Christchurch with her. She claimed rights under controversial “body snatching” may occur. collective decision-making is likely to struggle for the common law, as his executrix, to make this The factual scenario in the Takamore case recognition. decision. On the other hand Mr Takamore’s illustrates the difficulties that can arise when you Although there is scope within the law for Māori family asserted that he should be buried have two directly conflicting cultural views. tikanga to have real weight, the framework is in their family urupa (cemetery) and that they Should the wishes of the Māori whanau or that one that is limited by the preparedness of Judges were acting in accordance with Tikanga Maori of the spouse prevail? This case also goes directly to accept customs and values that likely differ (Māori customary law), which is also to the heart of an issue that New Zealand has from their own and from that which is reflected recognisable under the common law. been struggling with for over 150 years, that is, in our largely Western-centric legal system. People tend to easily sympathise with Ms the recognition of Māori customary law within Whether they will be able to do this, or whether Clarke. She was Mr Takamore’s nearest and the state legal system. we might strike a better balance through dearest and he chose to spend most of his life The majority of judges in the Supreme Court legislation, remains to be seen. with her, away from his Māori family. The Māori ultimately settled on the position that when position is usually less well understood. In there is no agreement between parties, the Natalie Coates general, Māori believe that people should be executor has the right to dispose of the Faculty of Law

8 27 June 2013