title: An Investigation of the Communal and Individual Resilience of Immigrant Women in New Zealand

authors: Okuyama, Lucinda

subjects: Resilience

abstract: Some immigrant women face triple discrimination due to their, gender, ethnicity and immigrant status. The voices of immigrant women are absent from literature on immigration, furthermore the experience of immigrant women are omitted as prominent literature largely presents the male immigration experience. In addition, immigrant women have been pathologised as much of the psychological literature views them through a deficit perspective, affirming that immigrant women are at risk of psychological disorders such as depression, anxiety and post-traumatic stress. This research adopts a strengths perspective in order to investigate resilience of immigrant women in New Zealand. This research explores the communal and individual resilience of immigrant women using a feminist qualitative framework. The women were interviewed by means of semi-structured, in depth interviews and the data was analysed by means of thematic analysis in order to report the experiences, meanings and realities of immigrant women’s lives. The analysis revealed that collective roles such as the role of mother, “co-madre”, the benevolent woman, the breadwinner and the role of spirituality and religious beliefs contributed to the resilience of immigrant women. It was also found that individual constructs such as individual spirituality, the emergence into a contemporary paradigm that allowed women to break free from traditional life, as well as the establishment of identities of independence and empowerment aided women’s resilience. The findings highlighted the complex and contradictory nature of immigrant women’s stories presenting a challenge to the pathology discourse of immigrant women evident in the literature and within society.

text: An Investigation of the Communal and Individual Resilience of Immigrant Women in New Zealand Some immigrant women face triple discrimination due to their, gender, ethnicity and immigrant status. The voices of immigrant women are absent from literature on immigration, furthermore the experience of immigrant women are omitted as prominent literature largely presents the male immigration experience. In addition, immigrant women have been pathologised as much of the psychological literature views them through a deficit perspective, affirming that immigrant women are at risk of psychological disorders such as depression, anxiety and post-traumatic stress. This research adopts a strengths perspective in order to investigate resilience of immigrant women in New Zealand. This research explores the communal and individual resilience of immigrant women using a feminist qualitative framework. The women were interviewed by means of semi-structured, in depth interviews and the data was analysed by means of thematic analysis in order to report the experiences, meanings and realities of immigrant women’s lives. The analysis revealed that collective roles such as the role of mother, “co-madre”, the benevolent woman, the breadwinner and the role of spirituality and religious beliefs contributed to the resilience of immigrant women. It was also found that individual constructs such as individual spirituality, the emergence into a contemporary paradigm that allowed women to break free from traditional life, as well as the establishment of identities of independence and empowerment aided women’s resilience. The findings highlighted the complex and contradictory nature of immigrant women’s stories presenting a challenge to the pathology discourse of immigrant women evident in the literature and within society.

year: 2014

title: Pedagogy and subjectivity: Creating our own students.

authors: Devine, Nesta

subjects: teachers

abstract: Education students often expect that teacher education will teach them how to 'manage' their students. This expectation is founded upon a notion that the subjectivities of teacher and students are fixed and that it is, therefore, possible to 'know' what the students are like. Using Louis Althusser's notion of 'interpellation' this paper discusses how various theories of learning position teachers and students and can create different kinds of students (and teachers). If teachers can learn to manage their own thinking about the nature of their students, perhaps by learning a wide range of conceptual systems, they can in fact call different kinds of student into being.

text: Pedagogy and subjectivity: Creating our own students. Education students often expect that teacher education will teach them how to 'manage' their students. This expectation is founded upon a notion that the subjectivities of teacher and students are fixed and that it is, therefore, possible to 'know' what the students are like. Using Louis Althusser's notion of 'interpellation' this paper discusses how various theories of learning position teachers and students and can create different kinds of students (and teachers). If teachers can learn to manage their own thinking about the nature of their students, perhaps by learning a wide range of conceptual systems, they can in fact call different kinds of student into being.

year: 2003

title: Nga Taumata o te Moana - A return to rangatiratanga over the takutai moana

authors: Downs, Season-Mary

subjects: takutai moana

abstract: The Foreshore and Seabed Act 2004 extinguished Māori customary rights to the foreshore and seabed at law by vesting ownership of the foreshore and seabed in the Crown.   The Act prohibited Māori from having their customary rights recognised at common law by removing the jurisdiction of the courts to investigate customary rights in the takutai moana.  The 2004 Act provided for the recognition of new lesser rights, should Māori be able to meet the tests specified in the legislation.  The legislation was heavily criticised and deemed inconsistent with the treaty,  the rule of law, and international human rights law, where it extinguished the rights of Māori, but not the rights of other right holders.   The legislation was so controversial the 2004 Act was repealed by the Marine and Coastal Area (Takutai Moana) Act 2011.   In the Crown’s mind, the 2011 Act is final, and the longstanding foreshore and seabed dispute related to Māori customary claims to the takutai moana is resolved by the legislation. 

The purpose of the Marine and Coastal Area (Takutai Moana) Act 2011 is to “establish a durable scheme to ensure the protection of the legitimate interests of all New Zealanders” in the takutai moana.    Under the new Act, the takutai moana is now given the special status of “common marine and coastal area”; an area that is “incapable of ownership” by the Crown, Māori or anyone else.   The Act states that it “acknowledges” the “Treaty of Waitangi (Te Tiriti o Waitangi)” and “recognises” the “mana tuku iho” exercised in the common marine and coastal area by iwi, hapū, and whānau as tangata whenua.    Like the 2004 Act, the 2011 Act still bars Māori from obtaining common law customary rights in the takutai moana, and instead puts in place a regime for the recognition of new legal rights that are created by the Act itself.

The primary research question is:  Is the Marine and Coastal Area (Takutai Moana) Act 2011 consistent with te Tiriti o Waitangi, the Māori version of the treaty?

The primary research question is answered by examining the colonial experience of Te Kapotai, a coastal hapū (tribe) in the Southern Bay of Islands from pre-te Tiriti times through to the present day.  It provides an account of how, over time, Crown law, policy and practice have eroded the ability of Te Kapotai to exercise their rangatiratanga (authority) over their takutai moana.  This thesis concludes that the 2011 Act is inconsistent with te Tiriti for four key reasons:
1.	The Act was developed and implemented without negotiation and consent from Māori;
2.	The Act continues to remove the customary rights and procedure for recognition of those rights that were previously available at common law; 
3.	The Act fails to provide for the exercise of rangatiratanga by Māori over the takutai moana as guaranteed under Article 2 of te Tiriti o Waitangi; and 
4.	The Act is in breach of the principle of equity and equal treatment under Article 3 of te Tiriti o Waitangi where it treats Māori and their rights to the takutai moana differently to how all other right/interest holders in the foreshore and seabed are treated.

This research recommends a multifaceted approach to resolving the takutai moana issue, which includes pausing the implementation of the 2011 Act, and the development of interim options to increase Māori participation in the management of the takutai moana.  It promotes that a transformational approach to the takutai moana issue can be achieved when te Tiriti is implemented, and when Māori can exercise rangatiratanga over the takutai moana in a manner that was intended under te Tiriti o Waitangi.

text: Nga Taumata o te Moana - A return to rangatiratanga over the takutai moana The Foreshore and Seabed Act 2004 extinguished Māori customary rights to the foreshore and seabed at law by vesting ownership of the foreshore and seabed in the Crown.   The Act prohibited Māori from having their customary rights recognised at common law by removing the jurisdiction of the courts to investigate customary rights in the takutai moana.  The 2004 Act provided for the recognition of new lesser rights, should Māori be able to meet the tests specified in the legislation.  The legislation was heavily criticised and deemed inconsistent with the treaty,  the rule of law, and international human rights law, where it extinguished the rights of Māori, but not the rights of other right holders.   The legislation was so controversial the 2004 Act was repealed by the Marine and Coastal Area (Takutai Moana) Act 2011.   In the Crown’s mind, the 2011 Act is final, and the longstanding foreshore and seabed dispute related to Māori customary claims to the takutai moana is resolved by the legislation. 

The purpose of the Marine and Coastal Area (Takutai Moana) Act 2011 is to “establish a durable scheme to ensure the protection of the legitimate interests of all New Zealanders” in the takutai moana.    Under the new Act, the takutai moana is now given the special status of “common marine and coastal area”; an area that is “incapable of ownership” by the Crown, Māori or anyone else.   The Act states that it “acknowledges” the “Treaty of Waitangi (Te Tiriti o Waitangi)” and “recognises” the “mana tuku iho” exercised in the common marine and coastal area by iwi, hapū, and whānau as tangata whenua.    Like the 2004 Act, the 2011 Act still bars Māori from obtaining common law customary rights in the takutai moana, and instead puts in place a regime for the recognition of new legal rights that are created by the Act itself.

The primary research question is:  Is the Marine and Coastal Area (Takutai Moana) Act 2011 consistent with te Tiriti o Waitangi, the Māori version of the treaty?

The primary research question is answered by examining the colonial experience of Te Kapotai, a coastal hapū (tribe) in the Southern Bay of Islands from pre-te Tiriti times through to the present day.  It provides an account of how, over time, Crown law, policy and practice have eroded the ability of Te Kapotai to exercise their rangatiratanga (authority) over their takutai moana.  This thesis concludes that the 2011 Act is inconsistent with te Tiriti for four key reasons:
1.	The Act was developed and implemented without negotiation and consent from Māori;
2.	The Act continues to remove the customary rights and procedure for recognition of those rights that were previously available at common law; 
3.	The Act fails to provide for the exercise of rangatiratanga by Māori over the takutai moana as guaranteed under Article 2 of te Tiriti o Waitangi; and 
4.	The Act is in breach of the principle of equity and equal treatment under Article 3 of te Tiriti o Waitangi where it treats Māori and their rights to the takutai moana differently to how all other right/interest holders in the foreshore and seabed are treated.

This research recommends a multifaceted approach to resolving the takutai moana issue, which includes pausing the implementation of the 2011 Act, and the development of interim options to increase Māori participation in the management of the takutai moana.  It promotes that a transformational approach to the takutai moana issue can be achieved when te Tiriti is implemented, and when Māori can exercise rangatiratanga over the takutai moana in a manner that was intended under te Tiriti o Waitangi.

year: 2020