D.C. Law Library - § 47–1303.04. Real property tax assignment; sale and transfers.
↪ § 47–1303.04. Real property tax assignment; sale and transfers.
(a) The District may assign or sell and transfer, for consideration, to a third party, tax liens bid off in the name of the District pursuant to § 47-1301 or tax liens that remain unsatisfied for six months or more. The tax liens may be assigned or sold and transferred in any manner the Mayor deems appropriate, including, but not limited to, individually, in bulk, or to a person who issues debt secured by the tax liens. Such transactions shall not be subject to the provisions of Chapter 3A of Title 2 [§ 2-351.01 et seq.]. The District may make the assignment or conduct a sale and transfer of its tax liens either by public auction, sealed bid, or pursuant to a negotiated contract.
(b) The District’s tax liens may be purchased by any person, including, but not limited to, a trust created and established solely for the purpose of purchasing tax liens from the District, and which issues debt securities secured by the liens. The Mayor is authorized to accept as payment for the assignment or sale and transfer of the tax liens cash, notes, or any combination thereof, or such other consideration as the Mayor deems appropriate. Any bonds, notes, or other obligations issued by any purchaser, assignee, or transferee of the tax liens shall not constitute obligations of the District and shall be without recourse to the District.
(c) Notwithstanding any other provision of law, whenever the Mayor determines that it is in the District’s best interest, the District may assign or sell and transfer its tax liens to any person, except the delinquent owner of the property subject to the tax lien, or a person related to the owner, in an amount less than the total amount of unpaid taxes, penalties and accrued interest. The execution of a purchase agreement or other agreement by the Mayor shall be conclusive evidence of the adequacy of consideration for the assignment or sale and transfer of the tax liens.
(d) The assignment or sale and transfer of any tax liens and the right to receive amounts in respect thereof as provided by law shall be evidenced by a notarized certificate of the Director of the Department of Finance and Revenue or his or her duly authorized representative, which shall recite the full amount of such lien, including penalties, interest, and costs accrued as of the date of the assignment or sale and transfer of such tax lien, and naming the purchaser of the lien, the record owner, and the square, lot, and street address of the related real property. The certificate of the assignment or sale and transfer shall be recorded in the Office of the Recorder of Deeds.
(e) The transferee of a tax lien and any assignee or successor in interest of such transferee shall have and possess the same rights, powers, lien status, and priority of payment at law or in equity as the District would have possessed if the lien had not been assigned or sold and transferred. The transferee or assignee shall have the same rights to enforce all such tax liens as the District, including the issuance of a deed in fee simple absolute by the Superior Court of the District of Columbia.
(f)(1) Notice by registered or certified mail must be sent to the record owner and all other lienholders of record by the District at least 30 days in advance of expiration of the redemption period.
(2) Suits to contest the validity of the deed issued pursuant to this section may not be instituted and are forever barred if not filed within 90 days of recordation of the deed in the Office of the Recorder of Deeds.
(3) Both the public notice pursuant to § 47-1301 and the notice of the expiration of the redemption period shall include a statement that suits to contest the validity of the deed must be filed within 90 days of recordation of such deed in the Office of the Recorder of Deeds.
(4) Upon the expiration of the 90-day period from the date of recordation of the deed, the validity of the deed, any other agreements relating thereto, and all proceedings in connection therewith shall be conclusively presumed to have been legally taken and no court shall have the authority to inquire into such matters.
(g) Payments received for delinquent taxes shall be applied first to the penalties, accrued interest, and real property tax in that order related to the longest standing delinquency, and then to the penalties, accrued interest, and real property tax in that order due on the next longest standing delinquency, and subsequent delinquencies.
(h)(1) In an action to foreclose on a tax certificate or certificates, the court may award counsel fees in any in rem or in personam proceeding except for special cause shown by affidavit. If the plaintiff is other than the District, no counsel fees shall be allowed unless, prior to the filing of the complaint, the plaintiff shall have given not more than 120 nor less than 30 days written notice to the interested owners or mortgagees whose interests appear of record, by registered or certified mail with postage prepaid thereon addressed to their last known addresses, of intention to file such complaint. The notice shall also contain the amount due on the tax lien as of the day of the notice. After the complaint has been filed, all redemptions shall be subject to the fixing of fees and costs.
(2) In an action for the foreclosure on a tax certificate, the court or the clerk may, as a matter of discretion, tax as a part of the taxable costs all legal fees and reasonable charges necessarily paid or incurred in procuring searches relative to the title of the subject premises. In tax foreclosure actions brought to foreclose tax sale certificates on more than one parcel, the fees prescribed shall apply to each separate parcel. The court or the clerk may also authorize inclusion of all legal fees and charges necessarily incurred for searches required for unpaid taxes or municipal liens and for searches required to enable the officer making public sale to insert in the notices, advertisements, and conditions of sale, a description of the estate or interest to be sold and the defects in title and liens or encumbrances thereon, as authorized by law.
(3) In an action for the foreclosure on a tax certificate, notwithstanding §§ 47-1312 through 47-1315 or any other law, the court may order the prevailing plaintiff to sell the property at private sale for the fair market value of the property to satisfy the amount of the plaintiff’s lien, fees, and costs, as provided for in this section, including all fees and charges necessarily incurred to sell the property at private sale. Any surplus resulting from the sale shall be paid as provided in § 47-1315.
(i)(1) The assignee, purchaser or transferee of a tax lien may assign or sell and transfer the liens to any person, except to the delinquent owner of the property subject to the lien, or a person related to the owner. The transferee thereof may subsequently transfer and assign the tax lien to any other person, except to the delinquent owner of the property subject to the tax lien, or a person related to the owner.
(2) Any transfer made pursuant to paragraph (1) of this subsection shall be evidenced by a notarized document executed by the transferor. Such document shall cross-reference the original notarized certificate of assignment or sale and transfer issued by the Department of Finance and Revenue and shall recite the information appearing on such original certificate.
(3) Evidence of any subsequent transfer and assignment shall be recorded in the Office of the Recorder of Deeds.
(j) The assignee, purchaser, or transferee of a tax lien, any successor thereof, shall be subject to applicable tenant protection provisions of § 42-3401.01 et seq. and § 42-3501.01 et seq. or any other applicable District law.
(k) The Mayor may issue rules to implement the provisions of this section.
(l) The powers granted under this section shall be exercised from time to time by that official delegated authority pursuant to § 1-204.24a.
(m) For a period of not more than 6 months following the completion of the transaction, the District shall have the right to substitute a lien of equal value for similar property, where the district has determined that a particular property should be excluded from the tax lien portfolio.
This section is referenced in § 2-1215.15, § 47-1331, and § 47-1361.
D.C. Law 13-305 added subsec. (h)(3).
The 2012 amendment by D.C. Law 19-171 substituted “provisions of Chapter 3A of Title 2” for “provisions of § 2-301.01 et seq.” in the third sentence of (a).
Business improvement district tax, allocation of proceeds, nondelinquent and delinquent real properties, see § 2-1215.15.
For temporary (90 day) amendment of section, see § 4(h) of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14-22, March 16, 2001, 48 DCR 2706).
For temporary (90 day) amendment of section, see § 12(z) of Tax Clarity and Recorder of Deeds Emergency Act of 2002 (D.C. Act 14-381, June 6, 2002, 49 DCR 5674).
For temporary (90 day) amendment of section, see § 12(aa) of Tax Clarity and Related Amendments Emergency Act of 2002 (D.C. Act 14-456, July 23, 2002, 49 DCR 8107).
For temporary (90 day) amendment of section, see § 12(aa) of Tax Clarity and Related Amendments Congressional Review Emergency Act of 2002 (D.C. Act 14-510, October 23, 2002, 49 DCR 10247).
For temporary (225 day) amendment of section, see § 4(i) of Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).
For temporary (225 day) amendment of section, see § 12(aa) of Tax Clarity and Recorder of Deeds Temporary Act of 2002 (D.C. Law 14-191, October 5, 2002, law notification 49 DCR 9549).
For temporary (225 day) amendment of section, see § 12(aa) of Tax Clarity and Related Amendments Temporary Act of 2003 (D.C. Law 14-228, March 23, 2003, law notification 50 DCR 2741).


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A 4.9 Mkm2 region of the southwest Pacific Ocean is made up of continental crust. The region has elevated bathymetry relative to surrounding oceanic crust, diverse and silica-rich rocks, and relatively thick and low-velocity crustal structure. Its isolation from Australia and large area support its definition as a continent—Zealandia. Zealandia was formerly part of Gondwana. Today it is 94% submerged, mainly as a result of widespread Late Cretaceous crustal thinning preceding supercontinent breakup and consequent isostatic balance. The identification of Zealandia as a geological continent, rather than a collection of continental islands, fragments, and slices, more correctly represents the geology of this part of Earth. Zealandia provides a fresh context in which to investigate processes of continental rifting, thinning, and breakup.
Earth’s surface is divided into two types of crust, continental and oceanic, and into 14 major tectonic plates (Fig. 1; Holmes, 1965; Bird, 2003). In combination, these divisions provide a powerful descriptive framework in which to understand and investigate Earth’s history and processes. In the past 50 years there has been great emphasis and progress in measuring and modeling aspects of plate tectonics at various scales (e.g., Kearey et al., 2009). Simultaneously, there have been advances in our understanding of continental rifting, continent-ocean boundaries (COBs), and the discovery of a number of micro-continental fragments that were stranded in the ocean basins during supercontinent breakups (e.g., Buck, 1991; Lister et al., 1991; Gaina et al., 2003; Franke, 2013; Eagles et al., 2015). But what about the major continents (Fig. 1)? Continents are Earth’s largest surficial solid objects, and it seems unlikely that a new one could ever be proposed.
Simplified map of Earth’s tectonic plates and continents, including Zealandia. Continental shelf areas shown in pale colors. Large igneous province (LIP) submarine plateaus shown by blue dashed lines: AP—Agulhas Plateau; KP—Kerguelen Plateau; OJP—Ontong Java Plateau; MP—Manihiki Plateau; HP—Hikurangi Plateau. Selected microcontinents and continental fragments shown by black dotted lines: Md—Madagascar; Mt—Mauritia; D—Gulden Draak; T—East Tasman; G—Gilbert; B—Bollons; O—South Orkney. Hammer equal area projection.
The Glossary of Geology defines a continent as “one of the Earth’s major land masses, including both dry land and continental shelves” (Neuendorf et al., 2005). It is generally agreed that continents have all the following attributes: (1) high elevation relative to regions floored by oceanic crust; (2) a broad range of siliceous igneous, metamorphic, and sedimentary rocks; (3) thicker crust and lower seismic velocity structure than oceanic crustal regions; and (4) well-defined limits around a large enough area to be considered a continent rather than a microcontinent or continental fragment. The first three points are defining elements of continental crust and are explained in many geoscience textbooks and reviews (e.g., Holmes, 1965; Christensen and Mooney, 1995; Levander et al., 2005; Kearey et al., 2009; Condie, 2015). To our knowledge, the last point—how “major” a piece of continental crust has to be to be called a continent—is almost never discussed, Cogley (1984) being an exception. Perhaps this is because it is assumed that the names of the six geological continents—Eurasia, Africa, North America, South America, Antarctica, and Australia—suffice to describe all major regions of continental crust.
The progressive accumulation of bathymetric, geological, and geophysical data since the nineteenth century has led many authors to apply the adjective continental to New Zealand and some of its nearby submarine plateaus and rises (e.g., Hector, 1895; Hayes, 1935; Thomson and Evison, 1962; Shor et al., 1971; Suggate et al., 1978). “New Zealand” was listed as a continent by Cogley (1984), but he noted that its continental limits were very sparsely mapped. The name Zealandia was first proposed by Luyendyk (1995) as a collective name for New Zealand, the Chatham Rise, Campbell Plateau, and Lord Howe Rise (Fig. 2). Implicit in Luyendyk’s paper was that this was a large region of continental crust, although this was only mentioned in passing and he did not characterize and define Zealandia as we do here.
Spatial limits of Zealandia. Base map from Stagpoole (2002) based on data from Smith and Sandwell (1997). Continental basement samples from Suggate et al. (1978), Beggs et al. (1990), Tulloch et al. (1991, 2009), Gamble et al. (1993), McDougall et al. (1994), and Mortimer et al. (1997, 1998, 2006, 2008a, 2008b, 2015). NC—New Caledonia; WTP—West Torres Plateau; CT—Cato Trough; Cf—Chesterfield Islands; L—Lord Howe Island; N—Norfolk Island; K—Kermadec Islands; Ch—Chatham Islands; B—Bounty Islands; An—Antipodes Islands; Au—Auckland Islands; Ca—Campbell Island. Mercator projection.
In this paper we summarize and reassess a variety of geoscience data sets and show that a substantial part of the southwest Pacific Ocean consists of a continuous expanse of continental crust. Furthermore, the 4.9 Mkm2 area of continental crust is large and separate enough to be considered not just as a continental fragment or a microcontinent, but as an actual continent—Zealandia. This is not a sudden discovery but a gradual realization; as recently as 10 years ago we would not have had the accumulated data or confidence in interpretation to write this paper. Since it was first proposed by Luyendyk (1995), the use of the name Zealandia for a southwest Pacific continent has had moderate uptake (e.g., Mortimer et al., 2006; Grobys et al., 2008; Segev et al., 2012; Mortimer and Campbell, 2014; Graham, 2015). However, it is still not well known to the broad international science community. A correct accounting of Earth’s continents is important for multiple fields of natural science; the purpose of this paper is to formally put forth the scientific case for the continent of Zealandia (Figs. 1 and 2) and explain why its identification is important.
New Zealand and New Caledonia are large, isolated islands in the southwest Pacific Ocean. They have never been regarded as part of the Australian continent, although the geographic term Australasia often is used for the collective land and islands of the southwest Pacific region. In the following sections, we summarize the four key attributes of continents and assess how Zealandia meets these criteria.
Continents and their continental shelves vary in height but are always elevated relative to oceanic crust (Cogley, 1984). The elevation is a function of many features, fundamentally lithosphere density and thickness, as well as plate tectonics (e.g., Kearey et al., 2009). The existence of positive bathymetric features north and south of New Zealand has been known for more than a century (Farquhar, 1906). The accuracy and precision of seafloor mapping have improved greatly over the past decades (Brodie, 1964; Smith and Sandwell, 1997; Stagpoole, 2002) and a deliberately chosen color ramp on a satellite gravity-derived bathymetry map provides an excellent visualization of the extent of continental crust (Fig. 2). The approximate edge of Zealandia can be placed where the oceanic abyssal plains meet the base of the continental slope, at water depths between 2500 and 4000 m below sea level. The precise position of the foot of the continental slope around Zealandia was established during numerous surveys in support of New Zealand’s Law of the Sea submission (Wood et al., 2003; UNCLOS, 2008).
Zealandia is everywhere substantially elevated above the surrounding oceanic crust. The main difference with other continents is that it has much wider and deeper continental shelves than is usually the case (Fig. 1). Zealandia has a modal elevation of ~−1100 m (Cogley, 1984) and is ~94% submerged below current sea level. The highest point of Zealandia is Aoraki–Mount Cook at 3724 m.
By itself, relatively high elevation is not enough to establish that a piece of crust is continental. Oceanic large igneous provinces such as the Ontong Java Plateau (Fig. 1; Coffin and Eldholm, 1994) are elevated but not continental. Rocks of the modern oceanic crust typically comprise basalt and gabbro of Jurassic to Holocene age. In contrast, continents have diverse assemblages of Archean to Holocene igneous, metamorphic, and sedimentary rocks, such as granite, rhyolite, limestone, quartzite, greywacke, schist, and gneiss, arranged in orogenic belts and sedimentary basins.
Essential geological ground truth for Zealandia is provided by the many island outcrop, drill core, xenolith, and seabed dredge samples of Paleozoic and Mesozoic greywacke, schist, granite, and other siliceous continental rocks that have been found within its limits (Fig. 2). Many of these have been obtained from expeditions in the past 20 years (see Fig. 2, caption). Orogenic belts, of which the Median Batholith and Haast Schist are parts, can be tracked through onland New Zealand and across Zealandia (Fig. 2). Thus, there is a predictable regional coherency and continuity to the offshore basement geology.
Traditionally, continents have been subdivided into cratons, platforms, Phanerozoic orogenic belts, narrow rifts, and broad extensional provinces (Levander et al., 2005). Eurasia, Africa, North America, South America, Antarctica, and Australia all contain Precambrian cratons. The oldest known rocks in Zealandia are Middle Cambrian limestones of the Takaka Terrane and 490–505 Ma granites of the Jacquiery Suite (Mortimer et al., 2014). Precambrian cratonic rocks have not yet been discovered within Zealandia, but their existence has been postulated on the basis of Rodinian to Gondwanan age detrital zircon ratios (Adams and Griffin, 2012). Furthermore, some Zealandia mantle xenoliths give Re-Os ages as old as 2.7 Ga (Liu et al., 2015). Geologically, Zealandia comprises multiple Phanerozoic orogenic belts on which a broad extensional province and several narrow rift zones have been superimposed (Mortimer and Campbell, 2014).
Atop its geological basement rocks, Zealandia has a drape of at least two dozen spatially separate Late Cretaceous to Holocene sedimentary basins. These typically contain 2–10-km-thick sequences of terrigenous and calcareous strata (Zealandia Megasequence of Mortimer et al., 2014) and include a widespread continental breakup unconformity of ca. 84 Ma age (Bache et al., 2014). The Zealandia Megasequence provides a Zealandia-wide stratigraphic record of continental rifting, and marine transgression events, similar to that seen in formerly conjugate east Australian basins (Blewett, 2012).
Continental crust varies considerably in thickness and physical properties. Christensen and Mooney (1995) give an average P wave velocity of 6.5 km−1 and mean density of 2830 kgm−3 with an average thickness of 46 km for orogens and 30 km for extended crust. In contrast, oceanic crust is typically 7 km thick, and, in its lower part typically has a P wave velocity of 7.5 km−1 (White et al., 1992).
From geophysical work, we know that Zealandia has a continental crust velocity structure, Vp, generally <7.0 km−1, and a thickness typically ranging from 10 to 30 km throughout its entire extent to >40 km under parts of South Island (Shor et al., 1971; Klingelhoefer et al., 2007; Grobys et al., 2008; Eberhart-Phillips et al., 2010; Segev et al., 2012). Whereas most of Zealandia’s crust is thinner than the 30–46 km that is typical of most continents, the above studies show that it is everywhere thicker than the ~7-km-thick crust of the ocean basins. This result is visible in the global CRUST1.0 model of Laske et al. (2013) shown in Figure 3. Collectively, the crustal structure results show that the rock samples of Figure 2 are not from separate continental fragments or blocks now separated by oceanic crust, but are from a single continental mass.
Present day map of CRUST1.0 crustal thickness (Laske et al., 2013) showing the dispersed Gondwana continents of Australia, Zealandia, East and West Antarctica, and South America. Note thin continental crust in vicinity of Mesozoic arc. M—Marion Plateau; R—Ross Sea; W—Weddell Sea; F—Falkland-Malvinas Plateau. LIP abbreviations: KP—Kerguelen Plateau; OJP—Ontong Java Plateau; MP—Manihiki Plateau; HP—Hikurangi Plateau. Thick coastlines in Antarctica are isostatically corrected ice-free coastlines (Jamieson et al., 2014). Orthographic projection.
The thinnest crust within Zealandia is in the 2200-km-long and 200–300-km-wide New Caledonia Trough, where the water depth varies from 1500 to 3500 m (Fig. 2). This raises the question as to whether the trough is floored by oceanic crust or is a failed continental rift. Two wide-angle seismic profiles across the trough near New Caledonia (Klingelhoefer et al., 2007) both show ~2–5 km of sedimentary cover over 8.5 km of crustal basement that has a velocity of ~7 km−1 throughout much of its thickness. Klingelhoefer et al. (2007) noted these profiles as atypical of normal oceanic crust. Sutherland et al. (2010) and Hackney et al. (2012) interpreted the New Caledonia Trough as continental crust that was thinned in the Late Cretaceous and re-deepened in the Eocene due to lithosphere delamination.
Where oceanic crust abuts continental crust, various kinds of continent-ocean boundaries (COBs) define natural edges to continents (Fig. 1; Eagles et al., 2015). Despite its large area, Greenland is uncontroversially and correctly regarded as part of North America (Figs. 1 and 4). This is because, despite oceanic crust intervening between southern Greenland and Labrador and Baffin Island, North American continental geology is continuous across Nares Strait between northernmost Greenland and Ellesmere Island (Pulvertaft and Dawes, 2011). Tectonic plate boundaries, with or without intervening oceanic crust, provide the basis for continent-continent boundaries between Africa and Eurasia, and North and South America (Fig. 1). Large area is an inherent part of the definition of a continent sensu stricto (Neuendorf et al., 2005). Cogley (1984) defined Central America (1.3 Mkm2), Arabia (4.6 Mkm2), and greater India (4.6 Mkm2) as modern-day continents. This schema has not been generally adopted, probably because Central America (the Chortis block) is a piece of displaced North America, and Arabia and India are transferring to, and are now contiguous with, Eurasia and have clearly defined COBs in the Red Sea and Indian Ocean (Fig. 1). The six commonly recognized geological continents (Africa, Eurasia, North America, South America, Antarctica, and Australia) are thus not only large but they are also spatially isolated by geologic and/or bathymetric features.
Areas and submergence of all of Earth’s geological continents (red symbols) along with microcontinents (brown symbols) and intraoceanic large igneous provinces (LIPs, blue symbols) shown in Figures 1 and 2. Note x-axis is log scale. Data mainly after Cogley (1984) except Zealandia data from Mortimer and Campbell (2014); microcontinents after Gaina et al. (2003) and Torsvik et al. (2013). Emergent land area for Antarctica is the isostatically-corrected ice-free bedrock surface from Jamieson et al. (2014). New Guinea and Greenland are arbitrarily given the same submergence value as their parent continents. AP—Agulhas Plateau; KP—Kerguelen Plateau; OJP—Ontong Java Plateau; MP—Manihiki Plateau; HP—Hikurangi Plateau; N Am—North America; S Am—South America.
At the other end of the size spectrum, a number of continental crust fragments in the world’s oceans are referred to as microcontinents. Examples include the Madagascar, East Tasman, Jan Mayen, Mauritia, and Gulden Draak microcontinents (Gaina et al., 2003; Torsvik et al., 2013; Whittaker et al., 2016). Discriminating between what is a continent and what is a microcontinent may be considered an arbitrary exercise. Nonetheless, maps like Figure 1 need labels. Therefore, following Cogley (1984) and the vagaries of general conventional usage, we propose that the name continent be applied to regions of continental crust that are >1 Mkm2 in area and are bounded by well-defined geologic limits. By this definition India, prior to its collision with Eurasia, would be termed a continent.
The edges of Australia and Zealandia continental crust approach to within 25 km across the Cato Trough (Fig. 2). The Cato Trough is 3600 m deep and floored by oceanic crust (Gaina et al., 1998; Exon et al., 2006). The Australian and Zealandian COBs here coincide with, and have been created by, the Cato Fracture Zone along which there has been ~150 km of dextral strike slip movement, linking Paleogene spreading centers in the Tasman and Coral seas (Fig. 2; Gaina et al., 1998). This spatial and tectonic separation, along with intervening oceanic crust, means that the Zealandia continental crust is physically separate from that of Australia. If the Cato Trough did not exist, then the content of this paper would be describing the scientific advance that the Australian continent was 4.9 Mkm2 larger than previously thought.
Being >1 Mkm2 in area, and bounded by well-defined geologic and geographic limits, Zealandia is, by our definition, large enough to be termed a continent. At 4.9 Mkm2, Zealandia is substantially bigger than any features termed microcontinents and continental fragments, ~12× the area of Mauritia and ~6× the area of Madagascar (Fig. 4). It is also substantially larger than the area of the largest intraoceanic large igneous province, the Ontong Java Plateau (1.9 Mkm2). Zealandia is about the same area as greater India (Figs. 1 and 4). Figure 4 makes a case for a natural twofold grouping of continents and microcontinents.
Satellite gravity-derived bathymetry maps (e.g., Fig. 2) have been of immense use in visualizing Zealandia, clarifying its limits, focusing attention on intra-Zealandia structures, and planning research voyages. If the elevation of Earth’s solid surface had first been mapped in the same way as those of Mars and Venus (which lack the arbitrary datums of opaque liquid oceans), we contend that Zealandia would, much earlier, have been investigated and identified as one of Earth’s continents. Even relatively recently, some papers refer to the offshore ridges and plateaus of Zealandia as an amalgam of continental fragments and slivers (e.g., Gaina et al., 2003; Blewett, 2012; Higgins et al., 2015) with the explicit or implicit notion that oceanic crust intervenes between the continental fragments. The way in which Zealandia has been divided into blocks to make it amenable to rigid plate reconstructions and the way in which coastlines and outlines have been drafted as “floating” in the Pacific Ocean (e.g., Gaina et al., 1998, 2003; Lisker and Läufer, 2013; Higgins et al., 2015) has probably sustained this false impression of remote and discombobulated tectonic allochthony and poorly defined COBs. In contrast, we view Zealandia as a coherent, albeit thinned and stretched, continent with interconnected and throughgoing geological provinces (Figs. 2 and 5; Mortimer et al., 2006; Grobys et al., 2008; Tulloch et al., 2009; Adams and Griffin, 2012; Bache et al., 2014; Graham, 2015). Like parts of North America and Eurasia, Zealandia has undergone active deformation in a zone between two essentially rigid plates—in Zealandia’s case, the Pacific and Australian (Fig. 2).
Zealandia as part of the former Gondwana supercontinent. Upper panel shows Mesozoic orogen convergent margin that was active until ca. 105 Ma. Lower panel shows pre-breakup intracontinental extension of Zealandia and West Antarctica from 105 to 85 Ma; seafloor spreading subsequently split Gondwana into its present-day constituent continents (Fig. 3). Orthographic projections with East Antarctica fixed. From Mortimer and Campbell (2014).
Several elevated bathymetric features north of Zealandia are possible candidates for Zealandia prolongations or separate microcontinents (Fig. 2). These include the Three Kings, Lau-Colville, and Tonga-Kermadec ridges and Fiji, which are known Cenozoic volcanic arcs (Graham, 2015), and the Mellish Rise and Louisiade and West Torres plateaus. However, no continental basement rocks have yet been sampled from any of these features, so their continental nature remains unproven.
As shown in Figure 4, ~94% of the area of Zealandia currently is submerged. It is not unique in this regard: an ice-free, isostatically corrected West Antarctica would also largely be submerged (Figs. 3 and 4; Jamieson et al., 2014). Zealandia and West Antarctica were formerly adjacent to each other along the southeast Gondwana margin and, prior to thinning and breakup, the orogenic belts, Cordilleran batholiths, and normal continental crustal thickness of eastern Australia would have projected along strike into these areas (Figs. 3 and 5). Several continental metamorphic core complexes (Lister and Davis, 1989) of Late Cretaceous age have been identified in Zealandia and West Antarctica, but not in Australia or East Antarctica (Figs. 3 and 5; Kula et al., 2007). These have been explained by Lister et al. (1991) and Kula et al. (2007) in terms of an asymmetric continent-scale detachment fault model in which Zealandia and West Antarctica are highly extended, lower-plate passive continental margins, and Australia and East Antarctica are relatively unstretched upper plate margins. There is also abundant supporting sedimentary basin evidence that Zealandia experienced widespread Late Cretaceous (ca. 105–85 Ma) extension prior to Gondwana supercontinent breakup (e.g., Luyendyk, 1995; Klingelhoefer et al., 2007; Bache et al., 2014; Mortimer et al., 2014; Higgins et al., 2015). The situation of Zealandia’s Phanerozoic orogen overlying Precambrian mantle (Liu et al., 2015) possibly suggests major tectonic detachments along the Moho.
Thermal relaxation and isostatic balance of the thinned continental crust of Zealandia and West Antarctica ultimately led to their submergence. Despite the pervasive thinning, the only part of Zealandia that might qualify as a hyper-extended zone (i.e., stretched by a factor of 3–4 with crustal thinning to 8 km or less; Doré and Lundin, 2015) is the New Caledonia Trough. Zealandia and West Antarctica seemingly record a mode of continental crust deformation in which extension, although substantial, is more distributed and less focused than in most examples of continental breakup. Zealandia has a widespread syn-rift Late Cretaceous volcanic record (Tulloch et al., 2009; Mortimer et al., 2014); thus, processes that operate at volcanic rifted margins (Menzies et al., 2002) may be applicable to the broad area of Zealandia.
Zealandia once made up ~5% of the area of Gondwana. It contains the principal geological record of the Mesozoic convergent margin of southeast Gondwana (Mortimer et al., 2014) and, until the Late Cretaceous, lay Pacificward of half of West Antarctica and all of eastern Australia (Figs. 3 and 5). Thus, depictions of the Paleozoic-Mesozoic geology of Gondwana, eastern Australia, and West Antarctica are both incomplete and misleading if they omit Zealandia.
The importance of Zealandia is not so much that there is now a case for a formerly little-known continent, but that, by virtue of its being thinned and submerged, but not shredded into microcontinents, it is a new and useful continental end member. Zealandia started to separate from Gondwana in the Late Cretaceous as an ~4000-km-long ribbon continent (Fig. 5) but has since undergone substantial intracontinental deformation, to end up in its present shape and position (Figs. 1–3). To date, Zealandia is little-mentioned and/or entirely overlooked in comparative studies of continental rifting and of COBs (e.g., Buck, 1991; Menzies et al., 2002; Franke, 2013). By including Zealandia in investigations, we can discover more about the rheology, cohesion, and extensional deformation of continental crust and lithosphere.
Gondwana breakup along the paleo-Pacific margin resulted in continents with wide, thinned shelves, such as Zealandia and West Antarctica (Figs. 1 and 3). In contrast, breakup of Gondwana’s core resulted in continents with narrow shelves, such as Africa and its neighbors (Fig. 1). Various lithospheric versus mantle controls on styles of continental rifting and breakup are still debated (Ebinger and van Wijk, 2014; Whittaker et al., 2016). The broad spatial association of stretched continental crust with a pre-softened, Mesozoic, paleo-Pacific convergent margin from the Falkland Plateau, through West Antarctica and Zealandia to the Marion Plateau (Fig. 3), is possibly no coincidence (cf. Rey and Müller, 2010). Other proposed controls on the localization of Zealandia-Gondwana breakup include a mantle plume (Weaver et al., 1994), plate capture (Luyendyk, 1995), and/or impingement of an oceanic spreading ridge (Mortimer et al., 2006).
Gaina et al. (2003) proposed that microcontinents are created by plume-controlled ridge jumps during the early stages of supercontinent breakup. The general cohesion of continental crust in extension is attested to by the contrast in size between Zealandia and its neighboring continental fragments of East Tasman, Gilbert, and Bollons seamounts (Figs. 2 and 4). Condie (2015) postulated that ancient and modern continent-continent collisions were a leading cause of continental elevation. The geological history of Zealandia would support this hypothesis: The Paleozoic and Mesozoic orogens of Zealandia are non-collisional (Mortimer et al., 2014), and there is only incipient collision between northern and southern Zealandia across the present-day Pacific-Australian plate boundary. Ironically, for a continent so thoroughly shaped by extensional processes and subsidence, it is the more widely recognized and better-studied convergence across the Cenozoic Pacific-Australian plate boundary that has resulted in any of Zealandia being above the sea.
Zealandia illustrates that the large and the obvious in natural science can be overlooked. Based on various lines of geological and geophysical evidence, particularly those accumulated in the last two decades, we argue that Zealandia is not a collection of partly submerged continental fragments but is a coherent 4.9 Mkm2 continent (Fig. 1). Currently used conventions and definitions of continental crust, continents, and microcontinents require no modification to accommodate Zealandia.
Satellite gravity data sets, New Zealand’s UNCLOS program, and marine geological expeditions have been major influences in promoting the big picture view necessary to define and recognize Zealandia (Fig. 2). Zealandia is approximately the area of greater India and, like India, Australia, Antarctica, Africa, and South America, was a former part of the Gondwana supercontinent (Figs. 3 and 5). As well as being the seventh largest geological continent (Fig. 1), Zealandia is the youngest, thinnest, and most submerged (Fig. 4). The scientific value of classifying Zealandia as a continent is much more than just an extra name on a list. That a continent can be so submerged yet unfragmented makes it a useful and thought-provoking geodynamic end member in exploring the cohesion and breakup of continental crust.
We thank Belinda Smith Lyttle for GIS work and Patti Durance, Ron Hackney, and Brendan Murphy for comments. Formal reviews by Peter Cawood, Jerry Dickens, and an anonymous referee greatly improved the focus and content. This paper is based on work supported by New Zealand Government core funding grants to GNS Science.
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Where a party knows that the services were being offered by a broker who expected pay, the acceptance of the services by the principal implies an agreement for the employment.24 If the owner has so conducted himself that the broker, acting fairly, had the honest belief that a lawful request had been made to him by the owner to render services as a broker in the sale of the owner's real estate, and if the broker, acting on such request, rendered such services, then the law would imply a promise by the owner to pay to the broker what the services were reasonably worth.
24 Ballentine v. Boone, 130 Mo. App. 616 (1908).
25 Weinhouse v. Cronin, 68 Conn. 253 (1896).
26 Jones v. Moore, 30 Ky. Law Rep. 603 (1907).
27 Downing v. Buck, 135 Mich. 638 (1904).
28 Citing Glenn v. Garth, 133 N. Y. 18, 35.
29 Burnham v. Lawson, 118 App. Div. 391 (N. Y. 1907). 3o Maze v. Gordon, 96 Cal. 61 (1892).
³¹ Sterling v. De Laune, 105 S. W. 1169 (Tex. 1907).
32 Clark v. Hyatt, 118 N. Y. 567 (1889).
33 Clark v. Hyatt, 118 N. Y. 568, 569 (1889).

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text:
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35 R.G.W. Laughlin and V. I. Lakshmanan, “Industrial Recycling”, Proceedings of EC - CANMET-CARI Joint Workshop on Mineral Processing, Recycling and Environment, Toronto, April, 1998, pp. 1-11.
36 C. E. Dodson, R.G.W. Laughlin and V.I. Lakshmanan, “Application of Torbed Process Reactor Technology to Treat Recyclables”, Proceedings of the 3rd International Symposium on Waste Processing and Recycling in Mineral and Metalllurgical Industries, Calgary, August, 1998. Published by CIMM, Montreal. Edited by R. Rao, L. Amaratunga, G.G. Richards and P.D. Kondos, pp. 85-99.
37 C. E. Dodson, V. I. Lakshmanan, R.G.W. Laughlin and R. Sridhar, “Flash Roasting of Zinc Concentrates and Leach Residues Using Torbed®Reactor”, Proceedings of an International Symposium on Zinc and Lead Processing, Calgary, August, 1998. Published by CIMM. Edited by J.E. Dutrizac, J. A. Gonsalez, G. L. Bolton and P I. Hancock, pp. 517-523.
38 C. E. Dodson and V. I. Lakshmanan, “Innovative Gas Solid Reactor”, Journal of Metals, July, 1998, Vol. 50, No. 7, pp. 29 - 31.
41 V. I. Lakshmanan and C. E. Dodson, “Innovative Hydro and Pyrometallurgical Process Options to Treat Recyclables”, Proceedings of Tokyo Symposium on Recycling and Treatment of Metals. Tokyo, 1997, pp. 195 - 204.
42 V. I. Lakshmanan and C. E. Dodson, “Value Added Product Recovery from Secondary Sources”, Proceedings of the International Symposium on Materials for Environmental Solutions, Sudbury, August, 1997, CIMM, Ed. H. Mostaghaci, pp. 85 – 97.
43 V.I. Lakshmanan, “Role of Innovative Techniques for Value Added Product Recovery from Secondary Sources”, Transactions of the Indian Institute of Metals. Vol. 50, No. 6, December, 1997, pp. 507 – 513.
44 R Sridhar, J M Toguri and S Simeonov, “Thermodynamic Considerations in the Pyrometallurgical Production of Copper”, Published in journal of Metals in April 97.
45 S Simeonov, R Sridhar and J M Toguri, “Sulfur solubility in CaCl2-CaF2and BaCl2-BaF2melts”, Presented at TMS Orlando meeting, 1997.
46 R Sridhar, S Simeonove and J M Toguri, “Sulfur Capacity of Oxide Slags”, Presented at TMS Orlando Meeting 1997.
49 V.I. Lakshmanan, “Role of Innovative Separation Technologies for Value Added Product Recovery from Secondary Sources”, Proc. Emerging Separation Technologyies for Metals. Kona, Hawaii, 1996. Eds. R.G. Bautista and K.C. Liddall. The Minerals, Metals and Materials Society, pp. 217-231.
50 V.I. Lakshmanan, N. Rathie and B. Monoizk, “Evaluation of N-Alkyl Hydroxamic Acids for Selective Iron Separation from Zinc Process Liquor for High Purity Iron Products”, Proc. Iron Control in Hydrometallurgy, Ed. J. E. Dutrizac. METSOC, CIM 1996, pp. 357 - 369.
51 V.I. Lakshmanan and N. Rathie, “Role of Innovative Flowsheet Development for Recycling Industries”, Proc. Second International Symposium on Extraction and Processing for the Treatment and Minimization of Wastes, Eds. V. Ramachandran and Carl C. Nesbitt. TMS, 1996, pp. 627 - 641.
56 V. I. Lakshmanan and G. B. Harris, “Hydrometallurgical Flowsheets for Tomorrow: The Role of Chemistry in Solution Purification in Impurity Control and Disposal in Hydrometallurgical Process”, Proceedings of the International Symposium on Impurity Control and Disposal in Hydrometallurgical Processes. 24th Annual Hydrometallurgical Conference of CIM. Eds. G.B. Harris and E. Krause. Toronto, Ontario, August 21-24, 1994, pp. 3-16.
57 K. Gomyo, I. Sakaguchi, Y. Sin-ya, V. I. Lakshmanan, A. McLean and M. Iwase, “Solid State Sensor for Silicon in Molten Metals by Zirconia Based Electrolyte”, Solid State Ionics 70/71. Amsterdam, The Netherlands, 1994, pp. 551-554.
58 V. I. Lakshmanan, “Waste Minimization Initiatives - Selected Case Histories”, Proceedings of Metals and Materials Waste Reduction, Recovery and Remediation. Eds. K.C. Liddall, R.G. Bautista and R.J. Orth. The Minerals, Metals & Materials Society, 1994, pp. 217-231.
62 V. I. Lakshmanan, R.G. Bautista and P. Somasundaran, editors, “Emerging Separation Technologies for Metals and Fuels”, Proceedings of a Symposium sponsored by TMS, The Engineering Foundation and the National Science Foundation. Published by TMS. Sheraton Palm Coast, Florida, March 13-18, 1993.
63 V. I. Lakshmanan, “The Role of Emerging Technologies in Flowsheet Development”, Proceedings of the Emerging Separation Technologies for Metals and Fuels. Published by TMS. Eds. V. I. Lakshmanan, R.G. Bautista and P. Somasundaran. Sheraton Palm Coast, Florida, March 13-18, 1993, pp. 249 - 256.
64 L. Amaratunga, P.D. Tackaberry, V.I. Lakshmanan, W.D. Gould, and G. Heinrich, “Nickel Extraction Potential Using Biological Technqiues on Agglomerated Material in a Heap or Vat Leach Process”, Proceedings of the International Biohydrometallurgy Symposium, Jackson Hole, Wyoming, U.S.A., August 22-25, 1993.
65 K. Gomyo, I. Sakaguchi, Y. Sin-ya, V. I. Lakshmanan, A. McLean and M. Iwase, “Solid State Sensor for Silicon in Molten Metals by Zirconia Based Electrolyte”, Solid State Ionics-9. Copenhagen, Denmark, May 9, 1993.
66 V. I. Lakshmanan, “Emerging Technologies in Hydrometallurgy”, Pub. Mineral Processing and Extractive Metallurgy Review, 1992, Vol. 8, pp. 219-228.
67 V.I. Lakshmanan, I.D. Sommerville and A. McLean, “Treatment of Secondary Sources Using Hydro and Pyrometallurgical Techniques”, Proceedings of the International Symposium on Non-Ferrous Metals; Trace Metals, Furnace Practices and Energy Efficiency, Published by The Metallurgical Society of the Canadian Institute of Mining, Metallurgy and Petroleum, Ed. R. Bergmann et al., Edmonton, 1992, pp. 577-585.
68 P.D. Tackaberry, V.I. Lakshmanan, G. Heinrich, M. Collins and R.G.L. McCready, “Biohydrometallurgical Leaching of Nickel Values from Falconbridge Pyrrhotite Tailings”, Proceedings of the International Symposium on Waste Processing and Recycling in Mining and Metallurgical Industries, Published by the Metallurgical Society of the Canadian Institute of Mining, Metallurgy and Petroleum, Eds. S. R. Rao et al., Edmonton, 1992, pp. 193-215.
69 V. I. Lakshmanan, M.M. Rishea and M.C. Campbell, “Low Level Radioactive Waste Management - A Review with Selected Case Histories”, Proceedings of the International Topical Meeting on Nuclear and Hazardous Waste Management Spectrum 92, Published by American Nuclear Society, Inc., Ed., R. A. Stiger, Boise, Idaho, U.S.A., August, 1992.
70 V. I. Lakshmanan and P.D. Tackaberry, “Waste Management and Mineral Leaching”, Proceedings, Occupational Safety and Health Symposium on Biotechnology, Montreal, March 21, 1991.
71 V. I. Lakshmanan, C. A. Booth, G. Heinrich and P.R. Andrews, “Alternative Additives in Mechanochemical Grinding of Industrial Mineral Fillers”, Proceedings - Advanced Materials - Application of Mineral and Metallurgical Processing Principles, Society of Mining Engineers, A.I.M.E., Littleton, Colorado, February, 1990, pp. 71-76.
72 V. I. Lakshmanan, I.A. Todd and N. McQueen, “Recovery of Vanadium from Suncor Flyash - Flowsheet Development”, International Symposium on Ferrous and Non Ferrous Alloy Processes. CIM Proceedings. Volume 21, 1990, pp. 157-164.
73 V. I. Lakshmanan and P. D. Tackaberry, “Review of the Application of Ion Exchange Technology for Gold Recovery”, Publ. Advances in Gold and Silver Processing, Society of Mining Engineers, A.I.M.E., Littleton, Colorado, 1990, pp. 257-263.
74 V. I. Lakshmanan and D. Mackie, “Developments in Continuous Vat Leaching. Pub. Advances in Gold and Silver Processing, Society of Mining Engineers, A.I.M.E., Littleton, Colorado, 1990, pp. 143-150.
75 V. I. Lakshmanan (Editor), “Advanced Materials - Application of Mineral and Metallurgical Processing Principles”, Society of Mining Engineers, A.I.M.E., Littleton, Colorado: Society for Mining and Metallurgy Inc., 1990.
76 V.I. Lakshmanan, G. Heinrich and R.G.L. McCready, “Stabilization of Biomass for the Removal of Uranium from Dilute Solutions by Bioadsorption”, Proc. Symp. on the Application of Biotechnology to Mining Industry, Las Vegas TMS-AIME 1989.
77 V. I. Lakshmanan, I. A. Todd, John Ryder, M. Zamora, “Recovery of Platinum and Palladium from Spent Automotive Catalysts”, Ed. B. Harris; Pub. International Precious Metals Institute, Precious Metals, 1989, p. 237.
78 V. I. Lakshmanan, J. Ryder, “Recovery of Precious Metals from Spent Automotive Catalysts”, Eds. A. E. Torma and I. H. Gundiler; Published Elsevier. Precious and Rare Metal Technologies, Process Metallurgy 5, 1989, p. 381.
79 V. I. Lakshmanan, N. McQueen, “Recovery of Vanadium from Suncor Flyash - Flowsheet Development”, Ed. M.H.I. Baird and S. Vijayan, Pub. Canadian Society for Chemical Engineering; Proc. of 2nd Int'l Conf. on Separations Science and Technology, 1989, p. 525.
80 V. I. Lakshmanan and D. Mackie, “A Novel Method to Recover Precious Metals from Low Grade Canadian Ores”, Pub. The Canadian Institute of Mining and Metallurgy; Proceedings - 21st Annual Meeting of the Canadian Mineral Processors, CIM, Ottawa, Ontario, 1989, pp. 390-409.
82 V.I. Lakshmanan and J. Ryder, “Recovery of Precious Metals from Spent Automotive Catalysts”, Precious and Rare Metal Technologies. Ed. A. Torma and I.H. Guindles. Pub. by Elsevier Publishers. B.V. Amsterdam, 1988. pp. 381-393.
85 V.I. Lakshmanan and I.G. McColl, “Heap Leaching of Gold Ores in Perma Frost Conditions”, Proc - 19th Annual Meeting of Mineral Processors, CIMM, 1987, pp. 590-615.
86 V.I. Lakshmanan and G.M. Ritcey, “A Comparative Study of the Recovery of Gold by Ion Exchange and Activated Carbon”, Proc. Hydrometallurgical Reactor Design and Kinetics. B.Ed. R.G. Bautista, R.D. Wesley and G.W. Warren. TMS-AIME. 1986 pp. 333-347.
87 V.I. Lakshmanan and I.G. McColl, “Heap Leaching of Gold Ores in Perma Frost Conditions”, Precious Metals, 1986. Proc. Tenth International Precious Metals Conference, Lake Tahoe, U.S.A. pp. 1-13.
88 V.I. Lakshmanan and R.G.L. McCready, “Review of Bioadsorption Research to Recover Uranium from Leach Solutions in Canada”, Proceedings Immobilization of Ions by Bioadsorption. Pub. by Ellis Horwood Ltd., London, 1986. pp. 219-226.
89 V.I. Lakshmanan, D.L. Sober, R.G.L. McCready and A.S. Dahya, “Bioadsorption of Uranium by Fungal Stope Isolates”, Biominit Proceedings. Ed. R.G.L. McCready. CANMET Special Publication. Sp. 86-96, pp. 93-111.
90 V.I. Lakshmanan, Ed. H.L. Ehrlich and D.S. Holmes, “Industrial Views and Applications – Advantages and Limitations of Biotechnology”, Wiley – Interscience, New York, 1985, pp 351- 362.
91 V.I. Lakshmanan, L.M. Luckevich, G.M. Ritcey and J.M. Skeaff, “Evaluation of Tailings Stabilization Methods as Applied to Uranium Tailings”, Hydrometallurgy, 12 (1984) pp. 31-48.
93 V.I. Lakshmanan, E. van Huyssteen and A. Dahya, “Treatment of Refractory Gold Ores”, Presented at 86thAnnual General Meeting of CIM, Ottawa, April 15 – 18, 1984.
94 V.I. Lakshmanan, E.van Huustyn and A.L.Childs, “Treatment of Refractory Gold Ores”, Proceeding of 14thAnnual Hydrometallurgical Conference, Timmins, 1984. Chapter 13.
95 V.I. Lakshmanan and A.W. Ashbrook, “Radium Balance Studies at the Beaverlodge Mill”, J. Radioanalytical and Nuclear Chemistry Articles 84 (1984) 53-66.
96 L.A. Melis, K.S. Fraser and V.I. Lakshmanan, “The Midwest Uranium project – Development of the Milling Process”, CIM Bulletin, April 1983, pp 113-123.
97 V.I. Lakshmanan, L. Luckevich, G.M. Ritcey and J. Skeaff, “Evaluation of Tailings Stabilization Methods”, at Canadian Uranium Producers’ Metallurgical committee 1982 Meeting, Bancroft, Ontario, May 19-20, 1982.
98 L.A. Melis, K.S. Fraser and V.I. Lakshmanan, “Midwest Project – Development of Milling Process”, Twenty – first Annual Conference of Metallurgists and 12thAnnual Hydrometallurgical meeting, Toronto, Ontario, August 29- September 1, 1982.
99 V.I. Lakshmanan, “Industrial Waste Problems in Mineral Processing with Particular Emphsis on the Uranium Industry”, First Industrial Conference Industrial Wastes, Pub. New Jersey Institute of Technology, October 19, 20 and 21, 1982.
100 B.H. Lucas, V.I. Lakshmanan and M.J. Slater, “Single Stage Deep Fluidized Bed – Continuous Ion exchange Demonstartion Plant for the treatment of Beaverlodge Uranium Minewater”, American Institute of Chemical Engineers, 1981 Annual Meeting, New Orleans, Louisiana, November 8-12 1981.
101 D.J. MacKinnon, J.M. Branen and V.I. Lakshmanan, “The effect of chloride ion and organic extractants on electrowon zinc deposits”, J. of Applied Electrochemistry, 10, 1980, pp 321-324.
105 V.I. Lakshmanan and A.W. Ashbrook, “Radium removal studies in a static settling column”, Paper presented at the 9thannual Hydrometallurgical metting, Toronto, November 11- 13 1979.
106 D.J. MacKinnon and V.I. Lakshmanan, “Zinc deposit structures obtained from synthetic zinc chloride electrolyte”, J. Applied Electrochemistry, 9, 1979, pp 604-613.
108 V.I. Lakshmanan, “The effect of glue, LIX 65N and chloride ion on the morphology of electrowon copper”, Journal of Applied Electrochemistry, 9, 1979, pp 604-613.
109 V.I. Lakshmanan and A.W. Ashbrook, “Radium balance studies at the Beaverlodge mill of Eldorado Nuclear Limited”, OECD Seminar on Management, Stabilization and Environmental Impact of Uranium Mill Tailings. Albuquerque July 24-28 1978.
114 V.I. Lakshmanan, D.J. MacKinnon and J.N. Brannen, “The effect of chloride ion in the electrowinning of copper”, J. Applied Electrochemistry, 7, 1977, pp 81-90.
115 V.I. Lakshmanan, D J MacKinnon and J N Brannen, “The effect of thioruea, LIX 65N and chloride ion on the morphology of electrowon copper”, Jnl Applied Electrochemistry, 7, 1977, pp 127-133.
116 V.I. Lakshmanan, D.E. MacDonald and A.W. Ashbrrok, “Radium control studies in Eldorado”, Paper presented to Owrkshop on 226 Radium control, CUPMC meeting at CANMET, Ottawa, October 17, 1977.
117 V.I. Lakshmanan, “Solvent extraction of molybdenum”, Proceedings of International Solvent Extraction Conference, Toronto, 1977, pp 453-454.
118 B R Conrad, R. Sridhar and J S Warner, “High Temperature Enthalpies of Nickel Sulphides”, Presented at 106thAIME Conference, Atlanta, 1977.
122 D.J. MacKinnon and V.I. Lakshmanan, “Recent advances in copper electrowinning”, CANMET report CM 76-10, January 1976.
123 V.I. Lakshmanan and B.C. Haldar, “Studies on the extractive behaviour of heteroploy acids. Part IV. Extraction of phosphomolybdic acid with quinoline in organic diluents”, Nuclear and radiation Chemistry, Symposium, Poona, India, March 6-9, 1976, pp 398-404.
124 P.G. Christie, V.I. Lakshmanan and G.J. Lawson, “The behavior of LIX 63 in the extraction of Cu(II) and Fe(III) from chloride media”, Hydrometallurgy, 2, 1976, pp 105-115.
125 G. Harrison, V.I. Lakshmanan and G.J. Lawson, “The extraction of zinc (II) from sulphate and chloride solutions with Kelex 100 and Versatic 911 in kerosene”, Hydrometallurgy, 1, 1976 pp 339-347.
127 V.I. Lakshmanan et al., “A study of the extraction of copper and iron from chloride solutions with commercial extractants”, AIME International Symposium on Copper Extraction and Refining, Proceedings, Las Vegas, 1976 pp 1025-1038.
131 V.I. Lakshmanan, G.J. Lawson and J. Tomleins, “The extraction of copper and iron with LIX 64N and Versatic 911”, Jnl. Inorg. Nucl.Chem, 37, 1975 pp 207-209.
136 P.G. Christies, V.I. Lakshmanan and G.J. Lawson, “The liquid-liquid extraction of copper (II) and iron (III) from chloride solutions using LIX 64N in kerosene”, ISEC Proceedings, 1974, Vol. 1, pp 685-696.
137 V.I. Lakshmanan and G.J. Lawson, “Extraction of cobalt by Kelex 100 and Kelex 100/Versatic 911 mixtures”, Journal of Inorg. Nucl. Chem., 35, 1973, pp 4285-4294.
139 V.I. Lakshmanan and G.J. Lawson, “Extraction of rhenium (VII) by dilute solutions of Aliquat 336 in organic solvents”, ISEC Proceddings, 1971 Vol.1, pp 631 –637.
140 R. Sridhar and E.J. Cairns, “Low-temperature Lithium/Chalcogen Secondary Cells with Mixed Cat ion Electrolytes”, Presented, at ‘International Power Sources Symposium, 1970, Brighton, England.
141 R. Sridhar, C.A. Trupp, L.W. Mishler and E.J. Cairns, “Transport Properties: Mixed Cat ion Electrolytes”, Presented at ‘International Power Sources Symposium, 1970, Brighton, England.
144 V.I. Lakshmanan and B.C. Haldar, “Studies on the extractive behavior of 12- heteropoly acids. Part III. Extraction of 12 – heteropoly acids”, Journal of Indian Chemical Society, 47, 3, 1970. pp 231 – 238.
145 V.I. Lakshmanan and B.C. Haldar, “Studies on the extractive behaviour of 12 – heteropoly acids. Part II. Extraction of 12 – molybdophosphoric, 12 – tungstosilicic and 12 – molybdosilicic acids”, Journal of Indian Chemical Society, 47, 1. 1970 pp 72-78.
146 V.I. Lakshmanan and B.C. Haldar, “Studies on the extractive behavior of 12 – heteropoly acids. Part I. Extraction of 12 – tungstophosphoric acid”, Journal of Indian Chemical Society, 46, 6, 1969, pp. 512-524.
149 R. Sridhar and J H E Jeffes, “Thermodynamics of PbO and Pbo-SiO2Melts”, Trans. Instn. Min. Metall C77, 1968, P44-50.

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LAWSON STATE COMMUNITY COLLEGE, ET AL, Defendants.
Dr. Craig Lawrence, Ph.D., alleges that his employer, Lawson State Community College, and his supervisors, Dr. Perry Ward, Ph.D., and Sharon Crews, in violation of Section 1981 of the Civil Rights Act of 1866 as amended, 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, and the Age Discrimination in Employment Act, 29 U.S.C. § 623, failed to promote him, subjected him to a hostile work environment because of his race, age, and/or gender, and retaliated against him when he complained. Doc. 15. The Defendants have filed a motion for summary judgment, doc. 20, which is fully briefed and ripe for consideration, docs. 21; 26; & 28. After reading the briefs, viewing the evidence, and considering the relevant law, the court finds that the motion is due to be granted.
At summary judgment, the court must construe the evidence and all reasonable inferences arising from it in the light most favorable to the non-moving party. Adickes v. S. H. Kress & Co., 398 U.S. 144, 157 (1970); see also Anderson, 477 U.S. at 255. Any factual disputes will be resolved in the non-moving party's favor when sufficient competent evidence supports the non-moving party's version of the disputed facts. See Pace v. Capobianco, 283 F.3d 1275, 1276, 1278 (11th Cir. 2002). However, “mere conclusions and unsupported factual allegations are legally insufficient to defeat a summary judgment motion.” Ellis v. England, 432 F.3d 1321, 1326 (11th Cir. 2005) (per curiam) (citing Bald Mountain Park, Ltd. v. Oliver, 863 F.2d 1560, 1563 (11th Cir. 1989)). Moreover, “[a] mere ‘scintilla' of evidence supporting the opposing party's position will not suffice; there must be enough of a showing that the jury could reasonably find for that party.” Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir. 1990) (citing Anderson, 477 U.S. at 252)).
Dr. Lawrence is a 61 year old Caucasian male currently employed as the Director of Financial Services and Risk Assessment at Lawson State. Doc. 26 at 9. Dr. Lawrence started his career as a professor at Bessemer State Technical College, where he ultimately became the Chief Financial Officer. Docs. 21 at 7; 26 at 9-10. He joined Lawson State when it merged with Bessemer Tech in 2005 and hoped to oversee general accounting, auditing, and auxiliaries as the Director of Financial Services. Docs. 21 at 6-7; 22-1 at 26-27; 22-3 at 13; 22-5 at 8; 26 at 9-11. Instead, Lawson State made Dr. Lawrence the “Director of Financial Services - Auxiliaries, ” charging him with operation of the bookstores, cafeterias, copy centers, and post offices. Docs. 21 at 7-8; 26 at 10-12.
Lawson State named a younger African American woman as Director of Accounting, a position that oversaw the college's accounting functions. Docs. 21 at 8; 26 at 12. This woman had served as Internal Auditor at Lawson State prior to the merger. Doc. 22-5 at 24-26. When she resigned in 2010, Lawson State hired another African American woman as her replacement. Docs. 21 at 9; 26 at 12.
Dr. Lawrence believes that the President and Vice President of Lawson State, Dr. Perry Ward and Sharon Crews, who are both African American, relegated him to auxiliaries oversight to “ostracize” him from the college's main business affairs. Doc. 26 at 11. For their part, Dr. Ward and Crews testified that Vice Chancellor Debbie Dahl instructed them not to involve Dr. Lawrence in the business office affairs or financial operations of the merged institution. Docs. 22-3 at 13; 22-5 at 8. Crews claims that Dahl had cited Dr. Lawrence's “non-responsiveness” as the reason for her directive, doc. 22-5 at 8, while Dr. Ward cites problems with the audits at Bessemer Tech, doc. 22-3 at 13. However, Dr. Lawrence's relevant evaluations note that he led Bessemer Tech to three straight successful audits. Doc. 22-6 at 27.
It got to be a problem for me because a number of our personnel on campus started what I call posturing for the position saying-from what I heard, they were going to get the position, they needed the position, they weren't going to work for this particular person if they got it. It started to be extremely disruptive to the campus community.
Doc. 22-3 at 5. As a result of the reorganization, Dr. Ward changed the title and respective duties of two employees: Donald Sledge (a sixty four year old African American man)-from Assistant Dean of Career and Technical Education, to Associate Dean of Career and Technical Education; and Nancy Wilson (a fifty year old Caucasian woman)-from Chairperson for Manufacturing and Engineering, to Assistant Dean of Career and Technical Education. Docs. 21 at 10; 26 at 19-20.
Dr. Lawrence believes that racial animus motivated Dr. Ward's decision to close the search and to reorganize the duties instead. Doc. 26 at 31-32. Dr. Lawrence also alleges that in 2015 Dr. Ward excluded him for racial reasons from the group of eighteen “backups” Dr. Ward selected for higher level employees (at least sixteen of whom were African Americans). Docs. 15 at 13; 26 at 13, 34.
As for Crews, Dr. Lawrence maintains that she “undermined” his authority daily by ignoring the chain of command in the bookstore. Doc. 26 at 16. Allegedly, when one of Dr. Lawrence's subordinates repeatedly directed her questions and work-related issues to Crews instead of to Dr. Lawrence, Crews reprimanded him instead of the employee. Doc. 26 at 17. Also, Crews apparently excluded Dr. Lawrence from meetings and decisions about the bookstore, including whether to outsource the operations. Docs. 15 at 14-15; 22-5 at 44. Crews also purportedly assigned Dr. Lawrence “demeaning” duties, such as maintaining the student information kiosks and answering the suggestion boxes. Doc. 15-1 at 5; 21 at 11-12. Finally, in an email to Dr. Lawrence regarding his absence from the bookstore on one occasion, Crews warned Dr. Lawrence that she could review the surveillance camera to verify his response. Docs. 15 at 15; 22-1 at 39; 22-5 at 37; 22-6 at 123. Dr. Lawrence contends that race, gender, and/or age based animus motivated Crews' actions, noting in support that Crews' “cabinet” is “made up exclusively of African Americans, ” that Crews has hired mostly African American women for the business office, and that Crews made a “negative racial comment” in a meeting that another white male employee “was not going to push this black girl around.” Doc. 26 at 18, 34.


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If you visit our site again to take advantage of our services, it will automatically recognise that you have already visited us and what inputs and settings you have previously configured, so you do not have to re-enter them.
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The tracking measures listed below and used by us are carried out exclusively with your consent based on Art. 6 (1) sentence 1 lit. f GDPR. With the tracking measures to be used, we want to ensure a needs-based design and the continuous optimisation of our website. On the other hand, we use tracking in order to statistically record the use of our website and to evaluate it for the purpose of optimising our offer. The respective data processing purposes and data categories can be found in the corresponding tracking tools.
will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage for the purposes of market research and tailoring this internet site to user needs. Google may also transfer this information to third parties if required by law or if third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. IP addresses are stored exclusively anonymously so that identification of the user is not possible.
You may select a corresponding setting in your browser software to prevent cookies from being installed; please note, however, that, if you do so, you may not be able to use the full functionality of this website in this case.
You can also prevent the recording of the data generated by cookies relating to your use of this website (including your IP address) and from processing such data by downloading and installing the browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this Linkhttps://support.google.com/analytics/answer/6004245?hl=en. An opt-out cookie is set to prevent future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
For more information about privacy in connection with Google Analytics, please visit the Google Analytics-Hilfe (https://support.google.com/analytics/answer/6004245?hl=en).
This site uses the Google Maps map service via an API. The provider is Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.
To use the functions of Google Maps it is necessary to save your IP address. This information will usually be transmitted to and stored by Google on servers in the United States. The provider of this site has no influence on this data transmission.
The use of Google Maps is in the interest of an appealing representation of our on-line offers and making the places indicated by us on the website easier to find. This represents a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR.
You will find further information on how user data is used in the Google data protection declaration: https://policies.google.com/privacy?hl=en.
Our website contains a web service of the company Silktide LTD, Brunel Parkway, Pride Park, DE24 8HR, United Kingdom (hereinafter referred to as “Cookie Consent”). We use this data to ensure the full functionality of our website. In this context, your browser may transmit personal data to Cookie Consent. The legal basis for processing is Art. 6 (1) lit. f GDPR. The justified interest consists in the smooth function of the Internet page. The data will be deleted as soon as the purpose of its collection has been fulfilled.
You can prevent the collection and processing of your data by Cookie Consent by deactivating the execution of script code in your browser or by installing a script blocker in your browser (these can be found for example on https://noscript.net/ or https://www.ghostery.com/).
We have included YouTube videos in our on-line offering, which are stored at http://www.YouTube.com and can be played directly from our website. YouTube is another service from Google. YouTube videos are all included in the "extended privacy mode", which means that no data about the users is transferred to YouTube if they do not play the videos. Only when a user plays the videos will the following data be transmitted. We have no influence on this data transfer.
By visiting the website, YouTube receives information when playing a video that the user has accessed the corresponding sub-page of our on-line service. In addition, further information about the use of this online service (including the user's IP address) is transmitted to a YouTube server in the USA and stored there. This occurs regardless of whether YouTube provides a user account that the user is logged on to or whether there is no user account. If the user is logged in to YouTube, their data will be assigned directly to his account. If a user does not wish their profile to be assigned to YouTube, they must log out before activating the button. YouTube stores the data collected about you as user profiles and uses them for the purposes of advertising, market research and/or tailor-made website design. Such an evaluation is used in particular (even of users not logged in) for the presentation of needs-based advertising and to inform other users of the social network about the user's activities on our on-line offer. The user has the right to object to the creation of these user profiles and must contact YouTube to exercise this right.
YouTube also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
We use the supplier Vimeo for the integration of videos, among other media. Vimeo is operated by Vimeo, LLC with headquarters in 555 West 18th Street, New York, New York 10011.
On some of our internet pages we use plug-ins of the provider Vimeo. If you call the Internet pages of our Internet presence provided with such a plug-in, a connection to the Vimeo servers will be established and the plug-in will be displayed. The Vimeo server is informed of which of our web pages you have visited. If you are logged in as a member of Vimeo, Vimeo will assign this information to your personal user account. When using the plug-in, e.g. clicking the start button of a video, this information is also assigned to your user account. You can prevent this assignment by logging out of your Vimeo user account before using our website and deleting the corresponding cookies from Vimeo.
We may only refuse to provide you with information if and to the extent that the information would disclose information which must be kept secret by law or by its nature, in particular because of the overriding legitimate interests of a third party (Section 29 (1) sentence 2 of the German Federal Data Protection Act [BDSG]), the competent public authority has determined and informed us that the disclosure of the data would endanger public safety or order or would otherwise be detrimental to the welfare of the Federal Government or a state (Section 34 (1) No.1 BDSG in conjunction with Section 33 (1) No. 2 lit. b BDSG), or the data is only stored because it may not be deleted due to legal or statutory storage regulations, or exclusively serves the purposes of data backup or data protection control and the provision of information by other means would require a disproportionate effort and processing for other purposes by suitable technical and organisational measures is excluded (Section 34 (1) No. 2 BDSG).
If your personal data is processed based on legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons for this which arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which we will implement without the need for justification.
In addition, you have a general right of appeal to the data protection supervisory authority responsible for you. The authority responsible for us is the "Landesbeauftragte für den Datenschutz Nordrhein-Westfalen".
If you wish to exercise your right of revocation or objection, simply send an e‑mail to infonoSpam@forks.com.
We use the popular SSL (Secure Socket Layer) method within the site visit, in conjunction with the highest level of encryption supported by your browser. In general, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128‑Bit v3 technology instead. You can see whether a single page of our website is encrypted by the closed representation of the key or lock icon in the lower status bar of your browser.
We also take appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorised access by third parties. Our security measures are continuously optimised in line with technological developments.

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