scholarly journals Navigating the Coalface: Religion, State, Pacific Communities and Family Violence in New Zealand

2021 ◽  
Author(s):  
◽  
Jake Searell

<p>This thesis examines how the New Zealand state (e.g. government ministries and departments, government-funded social welfare NGOs, and the justice system) engages with religion as it addresses issues of family violence within Pacific Island communitiesin New Zealand. In so doing, I trace the contours of an amorphous New Zealand state secularism. Through an analysis of policy documents, I show that religion has been largely occluded instatefamily violence initiatives. However, through interviews with Pacific Islanders who work at the coalface between the state, Pacific communities,and family violence issues, I show that while they do encounter an implicit and pervasive ‘wall of separation’ between the secular and the religious, they have also found ways to navigate these boundaries through their own strategies. Such strategies are both inevitable and necessary. Because religion is interwoven with family violence in Pacific communitiesin nuanced ways, I argue that sidelining or ignoring religion reduces the effectiveness of state interventions. I show that secularism, expressed in relation to family violence in Pacific communities, has further marginalised those communities, and Pacific women especially. Instead, I propose a more pragmatic approach, one which seeks to address Pacific communities more fully on their own terms. If the New Zealand state wants to successfully engage Pacific communities on issues of family violence, and work toward solutions to these issues, it must also collaborate alongside Pacific churches and faith-based actors.</p>

2021 ◽  
Author(s):  
◽  
Jake Searell

<p>This thesis examines how the New Zealand state (e.g. government ministries and departments, government-funded social welfare NGOs, and the justice system) engages with religion as it addresses issues of family violence within Pacific Island communitiesin New Zealand. In so doing, I trace the contours of an amorphous New Zealand state secularism. Through an analysis of policy documents, I show that religion has been largely occluded instatefamily violence initiatives. However, through interviews with Pacific Islanders who work at the coalface between the state, Pacific communities,and family violence issues, I show that while they do encounter an implicit and pervasive ‘wall of separation’ between the secular and the religious, they have also found ways to navigate these boundaries through their own strategies. Such strategies are both inevitable and necessary. Because religion is interwoven with family violence in Pacific communitiesin nuanced ways, I argue that sidelining or ignoring religion reduces the effectiveness of state interventions. I show that secularism, expressed in relation to family violence in Pacific communities, has further marginalised those communities, and Pacific women especially. Instead, I propose a more pragmatic approach, one which seeks to address Pacific communities more fully on their own terms. If the New Zealand state wants to successfully engage Pacific communities on issues of family violence, and work toward solutions to these issues, it must also collaborate alongside Pacific churches and faith-based actors.</p>


2021 ◽  
Author(s):  
◽  
Mereana White

<p>This thesis looks at how the identification and recording of family violence offending in the criminal justice system could be improved. In doing so it examines s 16A of the Criminal Procedure Act 2011, which was introduced in 2019 to ensure “family violence offences” are identified as such on charging documents and on the offender’s criminal record. This provision is known operationally as the “family violence flag”. The role of the family violence flag in relation to risk assessment is considered, particularly its ability to reveal a perpetrator’s prior family violence offending. Research has shown that a history of family violence is the most consistently identified risk factor for intimate partner lethality and risk of re-assault. The potential of the family violence flag to improve the evidence-base of family violence offending in New Zealand is also considered, which is important given the prevalence and detrimental impact of family violence in New Zealand. Analysis suggests that despite its recent introduction, changes could be made to s 16A to increase its utility. Accordingly, reform options to s 16A are proposed to better achieve the policy intent of the family violence flag, strengthening both its application and subsequent use.</p>


2021 ◽  
Author(s):  
◽  
Tamara Brigid Ross

<p>This thesis examines the development of a 'race'/immigration ideology within New Zealand and attempts to explore the processes through which this ideology has expressed and reproduced itself in New Zealand's past. In order to determine this process, this thesis analyses, as a case study, the causes, patterns and consequences of the politicisation of Pacific Island immigrants in New Zealand during the 1970s. Pacific Island immigrants were negatively categorised according to traditional New Zealand beliefs about 'race' and the immigration of 'alien' peoples, and the stereotypes that arose out of this process justified racist immigration campaigns in the 1970s. The targeting of Pacific Island migrants through these immigration campaigns, and the deliberate scapegoating of Pacific Islanders in the 1975 general election, compounded and entrenched existing negative stereotypes thereby justifying the further politicisation of Islanders in the 1980s. It is argued that this historical process needs to be understood as the outcome, among other things, of the 'race'/immigration ideology. Furthermore, it is demonstrated that the politicisation of Pacific Islanders during this period was but part of a cycle in a larger process of the generation and reproduction of racism. While the 'race'/immigration ideology is analysed here with Pacific Islanders The historical campaigns against Pacific Islanders are examined in detail so as to illuminate the broader process of racialisation in New Zealand's past, and to explore the possible form that the 'race'/immigration ideology may assume both in the present and in the future.</p>


2021 ◽  
Author(s):  
◽  
Tamara Brigid Ross

<p>This thesis examines the development of a 'race'/immigration ideology within New Zealand and attempts to explore the processes through which this ideology has expressed and reproduced itself in New Zealand's past. In order to determine this process, this thesis analyses, as a case study, the causes, patterns and consequences of the politicisation of Pacific Island immigrants in New Zealand during the 1970s. Pacific Island immigrants were negatively categorised according to traditional New Zealand beliefs about 'race' and the immigration of 'alien' peoples, and the stereotypes that arose out of this process justified racist immigration campaigns in the 1970s. The targeting of Pacific Island migrants through these immigration campaigns, and the deliberate scapegoating of Pacific Islanders in the 1975 general election, compounded and entrenched existing negative stereotypes thereby justifying the further politicisation of Islanders in the 1980s. It is argued that this historical process needs to be understood as the outcome, among other things, of the 'race'/immigration ideology. Furthermore, it is demonstrated that the politicisation of Pacific Islanders during this period was but part of a cycle in a larger process of the generation and reproduction of racism. While the 'race'/immigration ideology is analysed here with Pacific Islanders The historical campaigns against Pacific Islanders are examined in detail so as to illuminate the broader process of racialisation in New Zealand's past, and to explore the possible form that the 'race'/immigration ideology may assume both in the present and in the future.</p>


2001 ◽  
Vol 26 (1) ◽  
pp. 35-46 ◽  
Author(s):  
Christopher Balme ◽  
Astrid Carstensen

Theatre created by Pacific Islanders is perhaps the most recent significant development in New Zealand theatre of the 1990s. Exploring this new phenomenon within a concept of diaspora, productions, producers and themes are linked to notions of displacement, home, and disruption on several levels. Three recent plays and productions are examined: Think of a Garden by the Samoan-American John Kneubuhl, which explores memory as the basis of diasporic identity; Home Fires, a collaborative production between Pacific Island and Ma°ori artists in which a new kind of syncretic theatrical style transcending specific cultural codes was developed; and Tatau – Rites of Passage, a performance created by the Christchurch-based group Pacific Underground and the Australian community theatre group Zeal Theatre which explores the notion of ritual reincorporation – involving actual tattooing on stage – as a means of transcending diaspora and repairing the ruptures caused by it.


2021 ◽  
Author(s):  
◽  
Mereana White

<p>This thesis looks at how the identification and recording of family violence offending in the criminal justice system could be improved. In doing so it examines s 16A of the Criminal Procedure Act 2011, which was introduced in 2019 to ensure “family violence offences” are identified as such on charging documents and on the offender’s criminal record. This provision is known operationally as the “family violence flag”. The role of the family violence flag in relation to risk assessment is considered, particularly its ability to reveal a perpetrator’s prior family violence offending. Research has shown that a history of family violence is the most consistently identified risk factor for intimate partner lethality and risk of re-assault. The potential of the family violence flag to improve the evidence-base of family violence offending in New Zealand is also considered, which is important given the prevalence and detrimental impact of family violence in New Zealand. Analysis suggests that despite its recent introduction, changes could be made to s 16A to increase its utility. Accordingly, reform options to s 16A are proposed to better achieve the policy intent of the family violence flag, strengthening both its application and subsequent use.</p>


2020 ◽  
Vol 76 (3) ◽  
pp. 340-349.e1 ◽  
Author(s):  
Jie Xiang ◽  
Hal Morgenstern ◽  
Yiting Li ◽  
Diane Steffick ◽  
Jennifer Bragg-Gresham ◽  
...  

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.


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