Category: Radio New Zealand

Source: Radio New Zealand

The NZ Transport Agency has restored millions of dollars of funding for the police to carry out driver breath testing after revelations last year that officers had falsely recorded thousands of tests.

The agency has authorised $18 million of funding to police following an independent analysis of breath testing data.

It comes as Minister of Transport Chris Bishop says he’s “frustrated” at the length of time it’s taking the agency to release the report.

“I’ve told them to get on with it ASAP,” he told RNZ.

RNZ revealed last year that about 130 police officers were under investigation throughout the country after 30,000 alcohol breath tests were “falsely or erroneously recorded”.

Each year, $24m of funding from the National Land Transport Fund (NLTF) for the Road Policing Investment Programme (RPIP) is dependent on the successful delivery of all speed and impairment activities to agreed specified annual levels, known as delivery dependent funding (DDF).

Do you know more? Email sam.sherwood@rnz.co.nz

This is assessed on a quarterly basis, with a pro-rated amount of DDF available to be authorised to spend ($6m per quarter).

Following RNZ’s reporting last year, NZTA halted $12m worth of funding until it was satisfied police had met their breath test targets.

In December it was revealed NZTA had commissioned an independent analysis of breath testing data to try and identify the full scale of falsely recorded tests.

On Monday, an NZTA spokesperson said the agency had confirmed police performance had met the required targets for the first three quarters of the 2025/26 financial year.

“Based on this a decision has been made to authorise the spending of the delivery dependent funding.”

NZTA expects to publish the findings of the independent analysis in the coming weeks.

Acting Assistant Commissioner of road policing and district support Superintendent Steve Greally said resolution of the issue required “extensive analysis and reassurance work across police”.

He said it had provided police an opportunity to “further strengthen our systems and reinforce the high standards expected of our people”.

“There has been a considerable effort made by our dedicated road policing staff across police to provide assurance that our practices and data remain accurate and reliable.

“The independent finding in respect to the significant efforts of our frontline being legitimate is pleasing.”

Greally said the continued expectation of staff was that they “deliver road policing activities every day with utmost professionalism and a vigourous commitment to preventing harm on roads”.

RNZ earlier obtained a series of weekly reports to Bishop on the issue under the Official Information Act.

One update, from 27 October, said NZTA had identified a preferred supplier to independently analyse the breath screening test data file provided by police.

“This independent analysis will identify whether any further irregularities (over and above any detected by NZ Police) are discernible.”

In an update to Bishop on 13 October, NZTA said police could not determine if any irregular testing was undertaken while officers were stationary.

“NZTA is supporting and encouraging NZ Police to identify what, if any, options exist for removing these limitations, and to look beyond current detection methods to ascertain the true scale of irregularities.”

Then Acting Deputy Commissioner Mike Johnson earlier told NZTA that while the algorithm had “proven effective” in identifying tests conducted while the device was in motion, “there remains limitations in detecting all forms of irregular testing, including those undertaken in specific locations”.

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Source: Radio New Zealand

The reopening of the Awakino Gorge on State Highway 3 is being described as a ‘Clayton’s’ opening as its limitations become clear.

The gorge opened to one-lane escorted convoys over the weekend, but remains closed during daylight hours on week days, infuriating some business owners.

As the sun set on Ladies Mile at Awakino on Tuesday night, truck and trailer units, camper vans and passenger vehicles stretched as far as the eye could see.

Daryl Adams, a driver for IXOM, was first in line for the 6:30pm convoy.

Hauling gas and chemicals north, he had been queuing for more than four hours, but reckoned it was worth it.

“It’s definitely a lot quicker than going around the other way, it’s a lot less ks [kilometres],” he said.

“Well over 500 ks less and six hours less, so it’s more viable and feasible to sit here and just wait for it to open and take the convoy.”

But for Mōkau retailers, who initially rejoiced at the road’s reopening, its limited nature was becoming clear.

Krystal Murray worked at Mōkau’s iconic Whitebait Inn.

“The roads have been dead, we’ve only got the locals or the odd workers coming through. It’s gonna kill us,” she said.

Krystal Murray said communication from NZTA had left something to be desired.

“[I thought] that it’d be opening one lane daily, every day … not shut for the day and open at night for a convoy.”

Dev Rawat owned the River Run Cafe and wasn’t happy either.

“Totally hard for us, they start the convoy and then everyone comes together and no one stops here.”

Rawat wanted financial help for those affected.

“All businesses depend upon the people who are passing through, and no one [is] at the moment,” he said. “[It’s a] tough time for us. I would request to the government or NZTA to provide some subsidy.”

New Plymouth mayor Max Brough was also critical of Waka Kotahi’s messaging.

“There was a fair few of us, myself included, that didn’t get a clear message through the process right up until the finish line that it wouldn’t be open during the day,” he said.

“But you can’t fix the road with it being open. I guess a bit better communication at the outset would have been good.”

He reckoned the Transport Agency had found itself stuck between a rock and a hard place.

“I think everyone thought that May 2 was the goal, and then it sort of slid out sideways a little bit … It’s a ‘Clayton’s opening,’ I think it’s been referred to me [like that] by the trucking industry.”

Mark Sorensen, a senior transport manager for Bulk Lines, said the current gorge access didn’t work for him.

“Night shift is just not an option for 99 percent of those units because the customers aren’t open at night to unload and reload,” he explained.

“That makes it very difficult, [we’re] predominantly using the detour, State Highway 4, State Highway 1.”

He said the reopening was “very limited and frustrating”.

“I understand they’ve got a big job to do, but it would have been good to see a couple of daytime openings for convoys, trucks only, so we get the heavy freight through.”

NZTA said it was aware the daytime closure during the week had been disruptive.

But it said running convoys overnight meant crews could work longer and more efficiently, which meant the road could reopen fully sooner.

It said it had previously signalled the reopening would be staged with restrictions.

NZTA said in a statement that it explored a number of other options, including allowing for a convoy window during the day.

It says before each convoy could run, heavy machinery must be moved out of the road, and crews needed time to inspect the site to make sure the day’s earthworks had not made the slope unstable or unsafe.

“Repeating this process multiple times a day would cause major disruptions to the work and significantly extend the length of time convoy restrictions would be required.”

NZTA said much of the work being carried out in the gorge was highly specialised and needed to be done during daylight hours to keep crews safe and to ensure the work was completed to the required standard. “This includes earthworks and slope stabilisation, where visibility is critical.”

The terrain through the gorge was narrow and winding in places and there was not enough room to have traffic travelling through while crews were working – and it was not safe or practical for crews to be working during the night, it said.

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Source: Radio New Zealand

A study has found screen use for children is linked to long-term problems with attention, self-control and planning.

The University of Auckland study – which pulled together research from around the world – found 81 percent of 58 studies showed at least one negative link between screen use and the brain’s executive function, or management system.

Lead researcher Claire Reid said the study found “a really clear pattern” that higher or problematic screen time predicted difficulties in attention and focus, planning, impulse control, and that it could result in long term physical changes to children’s brains.

“Your [brain’s] executive function is really fundamental to many important life outcomes. It’s been proven to predict or linked to things such as helping learning, your academic success, your social success, your wealth, your career, and emotional regulation – wellbeing, mental health and resilience,” said Reid, who is a PHD student at the School of Psychology.

She said the review didn’t conclude how many hours of screen time could cause harm – though it looked at how often kids were online and how they were using screens, gaming and social media.

“It’s not just the time you’re on and the frequency, but how it’s impacting the rest of your life, whether it’s changing your relationships, when you’re missing out on things such as school work and social interaction because of it.”

The paper was published in the Developmental Review, and featured research from Asia, Europe, North America, Oceania and South America between 2013 and 2024, and focused on those who were 18 years and under.

Eight neuroimaging studies were particularly concerning, Reid said. The studies showed higher screen time was negatively affecting children’s brain growth, and impacting on brain connectivity – how different areas of the brain were talking to each other.

“That does imply poorer brain function over time.”

The study did not establish causality between screen use and poor brain function, because other factors such as sleep, physical activity and social interaction were key, Reid said.

But a prevailing theory that emerged from the research was that children were missing out on talking with their parents and socialising with peers due to the time they were spending online.

“The screens are displacing really important developmental activities that children need to undertake in order to thrive in life,” Reid said.

Some studies showed positive and negative effects of screens at the same time. In a Portuguese study of kids aged from one to three-and-a-half years, higher exposure to touchscreen devices was linked to faster reaction times as well as higher levels of distraction, Reid said.

She said some research has shown that screen use is particularly problematic for ADHD children who tend to have higher rates of problematic screen use.

“If you’re then finding that the screen use is adding more challenges to children who are already having difficulties in this area, that could be really detrimental to these children.”

Reid is co-chair of the expert advisory panel for the B416 charity, which is advocating for a ban on children under 16 accessing social media.

She said the research speaks for itself in showing a clear pattern that “children’s brains are changing” through screen use.

The government is considering following Australia’s suit in implementing a social media ban for under-16s, and a select committee has recently conducted an inquiry into online harm, recommending a ban, the establishment of an independent regulator for online safety, and more regulation of deepfake technology.

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Source: Radio New Zealand

The Education Minister Erica Stanford has responded to critics of her controversial curriculum rewrite with a mix of conciliation and defiance.

Stanford told RNZ changes would be made to six draft curriculums but indicated major revisions were off the table, suggesting some critics had not read the documents properly.

Her comments followed several subject associations sharing submissions calling for major changes and in some cases total rewrites of five of the six documents.

The submissions followed an open letter last month from organisations with a mandate to speak for thousands of teachers and principals urging the government to halt its curriculum changes.

Stanford told RNZ there would be changes as there were with the English and maths curriculums introduced last year.

“We took a huge amount of feedback in with English and maths and we made significant changes and we’ll do that again with all of these subject areas. That’s the point of consultation,” she said.

But Stanford ruled out complete rewrites of the documents as requested by Physical Education New Zealand in its submission on the Health and PE draft.

“The PE teachers especially seem to be wanting us to push back to a very vague curriculum that’s stripped of any sort of knowledge and those important skills that need to be taught,” she said.

“We have to be really clear that it’s got to be consistent and it’s got to be knowledge-rich and it has to be scaffolded over time and we’re not going to move away from that. But if we have got some things that we’re introducing too early or there’s too much or there’s stuff that we’ve not considered we’ll certainly take that into consideration.”

Stanford said the draft curriculum specified the skills and knowledge children should learn but it left room for teachers to instill the values and understanding of movement that she said Physical Education New Zealand wanted in the document.

Timeline still being decided

She said she would make announcements about the timeline for introducing the new curriculums – currently three next year and three in 2028 – but stressed she had been taking advice on that before the Principals Federation and NZEI published their open letter calling for a pause.

“I’ve already been working with many of the principal associations for a long time around pace,” she said.

“We already rephased the pace once, or rephased the roll-out, and we’ve been talking to them about how we can potentially look at doing that again. I’m going to be making announcements in the near future about that.”

Asked to what extent timeline changes were limited by the government’s plan to introduce a new secondary school qualification to replace NCEA from 2029, Stanford said there was room for flexibility.

“We’ve done English and maths and those were the two key. There are other areas that are important for obvious reasons like science, and social science has a huge amount of knowledge in it,” she said.

“So there are some subjects that are potentially more critical… than others. It’s not that I’m saying they’re more important because I love the Arts, they were my favourite subjects at school, but when we make compromise of course we have to prioritise some things over others.”

No organisation representing teachers or principals has spoken out in support of the government’s changes, but Stanford claimed most teachers backed her.

“Schools I’ve talked to are hugely on board,” she said.

“I was at a conference on the weekend… 500 teachers and principals from around New Zealand who are there to learn about the science of learning and implementing it in their schools – hugely on board. My view is that it is a quite vocal minority that are opposed to these changes.”

Stanford said the government would provide schools with the resources they needed to introduce the new curriculums successfully, adding that the English and maths curriculums were going well despite initial pushback from some schools.

‘It is a very big change from what people are used’

Curriculum coherence group member and New Zealand Initiative researcher Michael Johnston said the opposition was noisy, but he was not sure it represented the majority of teachers and principals.

“I do think that there’s quite a distribution for how prepared schools and teachers are for the changes that are afoot,” he said.

He said the proposed curriculums were very different to what most teachers were used to.

“It is a very big change from what people are used to and when people look at it they will see far more content than they did in the previous curriculum and they might wonder how are we going to teach all this,” he said.

“That is going to be a challenge but also the curriculum is designed to be taught in a way that our teachers are perhaps not used to and it is possible using really efficient teaching methods to get a lot more done. Having said that, it’s going to take a while and I don’t think anybody’s expecting perfection on day one and neither are these drafts necessarily perfect that’s why there’s a consultation.”

Asked if middle ground could be found, Johnston said: “The consultations will be taken seriously and where there are valid criticisms I think the drafts will be changed. But again, it is a big change and a big change takes some time to get people’s heads around and I think that just has to be understood.”

Opposition to the changes appeared to be strongest in primary schools and Johnston said the Curriculum Coherence Group was concerned that the sector might be over-burdened because its teachers were generalists who had to get grips with all of the new curriculums.

“One of things that we really need is to show teachers how they can integrate teaching across the different learning areas, that they don’t have to teach it all separately,” he said.

“Teachers can’t be expected to just know that, they need to be given the resources.”

Johnston said schools were not being expected to teach the curriculums perfectly as soon as they were introduced.

“The timeline is fast but it’s also necessary,” he said.

“She’s [Education Minister Erica Stanford] made the point that every year that goes by we have more kids sold short so there is a reason for the velocity as well.

“The process has been very rapid, nobody can deny that. When England revised its curriculum it took many years. They have the luxury of a five-year political cycle, we have a three-year political cycle and like it or not, that has an influence.”

The Education Ministry’s Curriculum Centre deputy secretary Pauline Cleaver said the ministry received about 3800 submissions on the six drafts.

“Consultation is designed to gather a wide range of views, including strong criticism, and we expected people to engage strongly with the draft. Hearing all feedback is an important part of the process,” she said.

“We are now carefully working through the feedback, which is helping to identify where the draft materials need greater clarity, and where educators are seeking reassurance about how the curriculum will work in everyday classroom practice.”

Cleaver said the ministry was on track to publish the updated curriculum in the middle of the year.

“Once the feedback has been fully considered, the minister will outline the next steps, including any implications for timing and implementation,” she said.

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Source: Radio New Zealand

Gloriavale Christian School exists to indoctrinate children, maintain a caste system and grow a workforce rather than for teaching and learning, according to documents released by the Ministry of Education.

Ministry letters to Gloriavale obtained by RNZ under the Official Information Act detail concerns from community members, specialists and agencies about the private school, as the Secretary for Education moved to cancel its registration.

The letters note concerns about most teenagers being prevented from progressing beyond Year 11, a lack of support for young victims and abusers and students not being able to use school toilets without fear.

Secretary Ellen MacGregor-Reid wrote to board chair Joshua Helpful and acting principal Harmony Helpful on 3 October last year to inform them that she was considering cancelling the school’s registration because of serious concerns that it was not a physically and emotionally safe space for students.

Gloriavale had received a second “notice to comply” after a July Education Review Office report found the school had not met three of eight registration criteria.

On 6 November the ministry’s acting director for Nelson Marlborough West Coast Carly Ave sent another letter outlining the safety concerns.

“We have received multiple concerns regarding the school being the first place of challenging and confronting student views, with the intention to achieve full compliance of thought. It has also been reported that the school’s primary function is to disseminate the doctrine, maintain a caste system and grow a workforce rather than teaching and learning,” she said.

Concerns included:

• Restricting access to education and opportunities based on gender and family status within the community
• Senior students being denied opportunities to follow interests, develop skills or do further training of their choice
• The impact of Gloriavale leadership decisions, teachings, rules and directives on young people’s mental and emotional health
• A limited ability to develop and navigate interpersonal relationships, particularly between boys and girls at school
• Reports of trauma and emotional suppression with school-aged children

While Gloriavale notified agencies in some circumstances, the school was remiss in meeting an obligation to ensure the safety and wellbeing of all children, the letter said.

There were “No or poor response plans to support children and young people at school who are both abusers and victims of abuse to prevent distress and manage challenging situations proactively”.

Concerns had also been raised about Gloriavale’s leadership governing by strict routines and discouraging questioning, opinions or expressing thoughts, especially for girls and women, the ministry said.

The community’s Shepherds determined what happened at school and held ultimate decision-making power. The board did not demonstrate independent decision-making and was unduly influenced by others.

“When concerns are raised by agencies the immediate response is to demonstrate compliance by way of the development of policy or showing a policy exists. Once the agency is no longer engaged or monitoring the school returns to prior practice,” the letter said.

“A strong theme that emerged was that irrespective of the efforts and supports of agencies to shift practice, the values and practices enforced by Gloriavale leadership will remain dominant and override agency recommendations and expectations.”

In another letter on 27 November, the ministry outlined the concerns in more detail, including restrictions on students progressing beyond Year 11 and poor abuse response plans.

“Where the school is a place where name, family history/structure determines the student’s pathway and not their education, access to education is restricted by not allowing students to choose elective subjects and that the majority of young people are being prevented from progressing beyond Year 11,” the letter said.

“Concerns have been raised regarding students not being able to access school toilets without fear of others and what may occur.”

The ministry said concerns had also been raised about perceived departures from accepted norms being dealt with through “fear and berating of young people”.

“The principle of obedience being important to ensure salvation and disobedience being punished is evident in poor practice and guidance of managing children’s behaviour,” the letter said.

On 17 December the Secretary for Education advised the board chair and acting principal that she was moving to cancel the school’s registration, with effect from 23 January.

MacGregor-Reid said the board and staff had received considerable support over the last two years in order to ensure that students received a quality education in a safe environment.

“I agree that Gloriavale Christian School sits within a unique community and that parents of students at the school have chosen to live there. I am, none the less, concerned that these students are not being educated within an emotionally and physically safe school environment,” she wrote.

“I consider that the evidence provided by the school is insufficient to assure me that it is meeting the registration criteria.”

MacGregor-Reid rejected the school’s submission that the issues were “capable of remedy”.

“Whilst the school has policies and procedures to support it being a physically and emotionally safe place for students, aspects of how these are put into practice by the school remain a concern. Therefore, I consider that there is no evidence to suggest that providing further time will ensure the school is compliant,” she said.

The school remains open as a result of an appeal by the board to the High Court, with a three-day hearing set down for October.

Gloriavale’s formal response to the ministry’s letters was not included in the documents’ release, although in an October email school board member Faithful Christian said the community wanted children to receive a high-quality education.

“Our shared goal is to work in partnership to ensure that every learner continues to receive a safe, engaging, high-quality education in a supportive environment. We see this as an opportunity to strengthen trust and demonstrate a commitment to the success of Gloriavale Christian School and the wellbeing of our tamariki,” he wrote.

Gloriavale has been contacted for comment.

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Source: Radio New Zealand

How a reclusive man who was encased in concrete under his own Auckland villa for more than a decade died may never be known, as a Coroner rules his death “undetermined”.

Little was publicly known about David Stanely Hart, including the date he died, which Coroner Alexander Ho said it was somewhere between March 1 2004, and April 30 that same year.

It wasn’t until January 31, 2020, his skeletonised remains were found during renovations at what was once his home on Mt Eden’s Marlborough St.

Besides his Mt Eden boarding house, Hart, 62, also owned an old miner’s cabin in the small West Coast town of Blackball where he would stay and indulge his passion for panning for gold.

Neville Sheehan, who ran the Nelson Creek Hotel and lived across the road from Hart’s cabin, said while many people seemed to take issue with Hart he found him to be “pretty bloody good”.

Sheehan said Hart and his brother came to the area often in the 70s and 80s to gold mine and “used to argue a bit”.

While Hart was home in Auckland Sheehan would look after his property for him and graze sheep on the land.

“I always got on really well with him. I’d go over there and service his motors. His brother and him used to argue about where they were going and what they were doing.

“The last time I saw them they had a fight and David said ‘we’re going’, and they packed up and went back to Auckland, never saw him again.”

Sheehan said the cottage fell into disrepair and was eventually sold by the Grey District Council in 2020.

Meg Fulford, grew up in Blackball and is now the owner of Hart’s property there. The cabin has since been demolished.

She didn’t remember Hart well as she was a child when he would have been in town, but remembered when she moved back in 2012 his land was used for grazing by locals.

Hart’s remains were eventually found inside a hollow concrete mound protruding from a pile of dirt inside his basement.

Sheehan said police ended up travelling to Blackball and spoke with him to try and piece together Hart’s life.

What happened to David Hart?

According to Coroner Ho’s finding, forensic pathologist Dr Rexson Tse found a linear fracture on the back of Hart’s skull, but due to skeletonisation, he couldn’t say whether it occurred before or after death.

Tse said the force required to cause the fracture would have been substantial. A rib fracture was also found on his left side.

Due to the state of the remains, Tse couldn’t ascertain a cause of death, but said Hart could have died from his head injury.

Hart had been running the Marlborough St property as an unlicensed boarding house since the early 1990s. Coroner Ho said tenants paid him weekly, usually in cash.

Neighbours on the street described Hart as a “generally unlikable and argumentative individual” who they tried to avoid, Ho said.

They recalled him holding odd opinions on certain topics such as politics and aliens. They said he had frequent arguments with his boarders and would often evict them without warning.

In the early 2000’s a man named Gabriel Ormsby, also known as Gabriel D’Angelo, started boarding. He was still there in 2004 when a fellow boarder said he saw Ormsby and Hart in a physical altercation. The boarder went said Hart had a visible injury to his head.

Coroner Ho said that by the end of April 2004, Ormsby had the power account for the property changed from Hart’s name to his and boarders recalled Ormsby telling them he had taken over management and they should pay him from then on.

Malcolm, a Marlborough St neighbour, earlier told RNZ, he never met Hart, but knew Ormsby.

“They were really great neighbours. There was probably three or four older guys that lived there. Gabriel was a sweetheart.

“It was an unusual situation in this neighbourhood but they seemed really nice.”

Coroner Ho found no boarder recalled seeing Hart after 2004.

One boarder said Hart may have been planning to travel to Australia, but Ho said immigration records had shown Hart didn’t use his passport after 2003.

Hart failed to turn up to a medical appointment in June 2004 and his last banking transaction was in March 2004.

‘Masquerading as Mr Hart’

In 2005, Blackball resident Donna Newman, who was renting on the same street as Hart’s vacant cabin, was interested in buying Hart’s property.

Coroner Ho said she found a number for him and she spoke on the phone three or four times to a person she believed was Hart. Two letters were also sent from a person purporting to be Hart.

The person asked for $7000 for the property and also sent a letter to the Grey District Council advising Newman now owned the property.

Newman also received a parcel from the person, which had been matched by a handwriting expert to Ormsby.

Ormsby’s handwriting on the parcel meant there were two possibilities, Ho said.

“The first is that Mr Ormsby was assisting Mr Hart in this matter… the second is Mr Ormsby was masquerading as Mr Hart in relation to the Blackball property.”

Coroner Ho said the most likely scenario was that Hart died in 2004 and Ormsby knew this and was most likely the person talking to Newman.

Rate payments for the Mt Eden house continued until 2010 with the property going into arrears in July 2011. Ormsby continued living at the property until his death in 2016.

The house then fell into a state of disrepair. Auckland Council notified ASB who paid the rates arrears and the bank hired a private investigator to try and find Hart.

The house was sold in 2019 after ASB applied to the High Court to sell it and renovations began later that year.

‘I believe in redemption’

Emere McDonald, met Ormsby about 2011 and visited the Marlborough St property multiple times.

She had never heard of Hart and said she knew Ormsby as a singer, songwriter, poet and painter.

McDonald said Ormsby had saved the life of her friend Tim Birch, who had been homeless.

She said she was surprised to hear about what happened to Hart as she knew Ormsby as a “very caring, very creative” man.

“I got the impression he redeemed himself. I believe in redemption, I knew he had difficulties in the past…. I think he did redeem himself.

“I thought he was a remarkable person who had gone through real change, a metamorphosis.”

What police say

Police completed their investigation into Hart’s death in 2025.

The investigator in charge told Coroner Ho that evidence suggested Hart’s body was disposed of by another person who had ongoing access to the house.

“Around the time of his death Hart physically conflicted with Ormsby. Ormsby told multiple lies about the reason for Hart being absent and continued years later attempting to sell the Blackball property.

“This indicates he knew Hart was not alive to contest his actions.”

The investigator said Ormsby at least knew about the death, but disposing of a body did not prove criminal culpability in the death itself.

There was not enough evidence to charge Ormsby, who had already died, and there were no other suspects, the investigator said.

Coroner Ho accepted this evidence and said it was not possible to determine if Hart had been murdered.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

Source: Radio New Zealand

– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand