title: The legitimate role of Rights Based Approaches to Environmental Conflict Resolution

authors: Daya-Winterbottom, Trevor

abstract: Rights based approaches to environmental conflict resolution should be viewed from the wider public law context. For example, Martin Loughlin maps the transition from a liberty focused constraint on law based on jurisdiction, to a rights focused approach to “intensive” judicial review based on legality. This sesismic shift away from common law (customary or practical) reasoning adopts a constitutional or statutory approach to describing liberties normatively using the “language of rights”, and builds upon the academic tradition that seeks to aid understanding by setting “forth the law as a coherent whole” and “reducing the mass of legal rules to an orderly series of principles”.
This paper will explore and critically analyse the effect of these trends on environmental conflict resolution from a trans-national New Zealand perspective. The underlying thesis of this paper is that the possibilities and tensions experienced by the courts in crafting a principled approach to human rights jurisprudence provides a transparent methodology for determing polycentric issues, and that there is a legitimate role for rights based approaches to resolving environmental conflict.

text: The legitimate role of Rights Based Approaches to Environmental Conflict Resolution Rights based approaches to environmental conflict resolution should be viewed from the wider public law context. For example, Martin Loughlin maps the transition from a liberty focused constraint on law based on jurisdiction, to a rights focused approach to “intensive” judicial review based on legality. This sesismic shift away from common law (customary or practical) reasoning adopts a constitutional or statutory approach to describing liberties normatively using the “language of rights”, and builds upon the academic tradition that seeks to aid understanding by setting “forth the law as a coherent whole” and “reducing the mass of legal rules to an orderly series of principles”.
This paper will explore and critically analyse the effect of these trends on environmental conflict resolution from a trans-national New Zealand perspective. The underlying thesis of this paper is that the possibilities and tensions experienced by the courts in crafting a principled approach to human rights jurisprudence provides a transparent methodology for determing polycentric issues, and that there is a legitimate role for rights based approaches to resolving environmental conflict.

year: 2016

title: Breaking the Intergenerational Cycle of Physical Punishment

authors: Sturkenboom, Gina Alicia

subjects: physical punishment

abstract: Fifteen women and five men participated in a study aimed at devising strategies to reduce the use of physical punishment in New Zealand. The potential problems with the use of physical punishment, the extent of its use in New Zealand, and the likelihood of intergenerational transmission are discussed to justify the aim of the study. 

The participants were all parents who had been smacked themselves, but who had decided not to smack their own children. Their ages ranged from 28 to 57, and only three had less than some tertiary education. They were from various ethnic backgrounds; fourteen had an occupation other than parenting, and nine were single parents.

The participants had broken the intergenerational cycle of physical punishment: they had been smacked themselves but did not smack their own children. All participated in an individual, semi-structured interview, in which their childhood physical punishment, their decision not to smack, the maintenance of that decision, and their use of alternative disciplinary techniques were discussed. Four participated in a focus group, in which the strategies suggested in the interviews were discussed and refined to produce a final list of recommendations.
  
The parents made a conscious decision against smacking, which involved a particular experience that prompted them to consider their disciplinary practices. Negative views of smacking (ineffective, modelling violence, and potential to escalate) were also helpful in making the decision. 
 
While maintaining their decision was usually easy, alternative techniques were sometimes hard to use, though effective in the long term. Some had to deal with the effects of deviating from a childrearing norm, particularly in regard to other family members. While many were satisfied that their own children were free from physical punishment, some had actively tried to convince other parents not to use it as well. 
 
They recommended strategies aimed at achieving the goals of parent education, raising awareness, reducing strain, and increasing support for parents. They also suggested practical steps that individual parents who were interested in breaking the cycle of physical punishment could take. 

The limitations and strengths of the study are discussed, as well as the implications for further research. The study demonstrates that parenting without physical punishment is effective, desirable, and achievable, even by parents who were smacked themselves. It presents a number of possible strategies and intermediate goals, for interventions at a national, community, or individual level, which aim to reduce the use of physical punishment.

text: Breaking the Intergenerational Cycle of Physical Punishment Fifteen women and five men participated in a study aimed at devising strategies to reduce the use of physical punishment in New Zealand. The potential problems with the use of physical punishment, the extent of its use in New Zealand, and the likelihood of intergenerational transmission are discussed to justify the aim of the study. 

The participants were all parents who had been smacked themselves, but who had decided not to smack their own children. Their ages ranged from 28 to 57, and only three had less than some tertiary education. They were from various ethnic backgrounds; fourteen had an occupation other than parenting, and nine were single parents.

The participants had broken the intergenerational cycle of physical punishment: they had been smacked themselves but did not smack their own children. All participated in an individual, semi-structured interview, in which their childhood physical punishment, their decision not to smack, the maintenance of that decision, and their use of alternative disciplinary techniques were discussed. Four participated in a focus group, in which the strategies suggested in the interviews were discussed and refined to produce a final list of recommendations.
  
The parents made a conscious decision against smacking, which involved a particular experience that prompted them to consider their disciplinary practices. Negative views of smacking (ineffective, modelling violence, and potential to escalate) were also helpful in making the decision. 
 
While maintaining their decision was usually easy, alternative techniques were sometimes hard to use, though effective in the long term. Some had to deal with the effects of deviating from a childrearing norm, particularly in regard to other family members. While many were satisfied that their own children were free from physical punishment, some had actively tried to convince other parents not to use it as well. 
 
They recommended strategies aimed at achieving the goals of parent education, raising awareness, reducing strain, and increasing support for parents. They also suggested practical steps that individual parents who were interested in breaking the cycle of physical punishment could take. 

The limitations and strengths of the study are discussed, as well as the implications for further research. The study demonstrates that parenting without physical punishment is effective, desirable, and achievable, even by parents who were smacked themselves. It presents a number of possible strategies and intermediate goals, for interventions at a national, community, or individual level, which aim to reduce the use of physical punishment.

year: 2007

title: Getting Deep:  Experiences of New Zealand Bodyboarders

authors: Nemani, Mihi Joy

subjects: bodyboarding

abstract: Since the mid 1990s, a growing body of literature on lifestyle sports has produced fresh insights into the nuances, esoteric terminology and social dynamics in an array of lifestyle sport cultures. While surf culture has gained considerable attention from both sociologists and historians, the voices of bodyboarders have been minimal.  Reflecting perceptions held by many in mainstream society, the literature on surf culture tended to marginalize bodyboarding participants, deeming the activity fit for children or teenagers.  Therefore, this project addresses the gap in academic literature on surf culture by adopting a socio-cultural, qualitative approach to give voice to bodyboarders, by revealing some of the complexities within bodyboarding culture, and revealing power relations operating between surfers and bodyboarders in the surf. 

As a three-time world amateur champion female bodyboarder of both Maori and Samoan heritage, I was particularly interested to understand experiences of gender and ethnicity in relation to bodyboarding.  Therefore, I conducted semi-structured interviews with eight bodyboarders living in New Zealand.  To analyse data from the interviews, I employed Bourdieu’s theoretical concepts of habitus, field and capital to explore bodyboarding with the intent of presenting fresh perspectives relating to masculinity and femininity, and experiences of Maori, Pacific Island and New Zealand European bodyboarders.  The participants revealed embodied characteristics of the bodyboarder as well as a variety of strategies used to negotiate space in the surf field.  The experiences of female participants resonated with current literature where opportunities to gain respect were limited based on their marginal position in the male-dominated lifestyle sport culture.  While some female participants successfully negotiated space within the surf field, male bodyboarders revealed other difficulties due to the hyper-masculinity of stand-up surfing culture, and the marginal position of bodyboarders.

In specifically examining the experiences of Maori and Pacific Island participants, I argue that a unique form of cultural capital exists in which respect, courtesy and fairness were given more value than demonstrations of physical capital.  Adopting a socio-cultural approach to analyse the operations of power in the surf field, and particularly how gender and ethnicity affect the experiences of New Zealand bodyboarders, this research project brings “new value to identities and experiences that are marginalized and stigmatized by the larger culture” (Denzin, 2002, p. 486).

text: Getting Deep:  Experiences of New Zealand Bodyboarders Since the mid 1990s, a growing body of literature on lifestyle sports has produced fresh insights into the nuances, esoteric terminology and social dynamics in an array of lifestyle sport cultures. While surf culture has gained considerable attention from both sociologists and historians, the voices of bodyboarders have been minimal.  Reflecting perceptions held by many in mainstream society, the literature on surf culture tended to marginalize bodyboarding participants, deeming the activity fit for children or teenagers.  Therefore, this project addresses the gap in academic literature on surf culture by adopting a socio-cultural, qualitative approach to give voice to bodyboarders, by revealing some of the complexities within bodyboarding culture, and revealing power relations operating between surfers and bodyboarders in the surf. 

As a three-time world amateur champion female bodyboarder of both Maori and Samoan heritage, I was particularly interested to understand experiences of gender and ethnicity in relation to bodyboarding.  Therefore, I conducted semi-structured interviews with eight bodyboarders living in New Zealand.  To analyse data from the interviews, I employed Bourdieu’s theoretical concepts of habitus, field and capital to explore bodyboarding with the intent of presenting fresh perspectives relating to masculinity and femininity, and experiences of Maori, Pacific Island and New Zealand European bodyboarders.  The participants revealed embodied characteristics of the bodyboarder as well as a variety of strategies used to negotiate space in the surf field.  The experiences of female participants resonated with current literature where opportunities to gain respect were limited based on their marginal position in the male-dominated lifestyle sport culture.  While some female participants successfully negotiated space within the surf field, male bodyboarders revealed other difficulties due to the hyper-masculinity of stand-up surfing culture, and the marginal position of bodyboarders.

In specifically examining the experiences of Maori and Pacific Island participants, I argue that a unique form of cultural capital exists in which respect, courtesy and fairness were given more value than demonstrations of physical capital.  Adopting a socio-cultural approach to analyse the operations of power in the surf field, and particularly how gender and ethnicity affect the experiences of New Zealand bodyboarders, this research project brings “new value to identities and experiences that are marginalized and stigmatized by the larger culture” (Denzin, 2002, p. 486).

year: 2013