title: Rocks Can Turn to Sand and be Washed Away but Words Last Forever: A Policy Recommendation for New Zealand's Vilification Legislation

authors: Jones, Christopher David

subjects: Hate Speech

abstract: Free speech and free expression are values that are highly prized in western society. The mention of removing or altering that right creates great debate. In 2004 a Select Committee was set up to inquire into what New Zealand's stance on Hate Speech should be. The submissions to that committee made it clear that free expression was a highly held right in New Zealand. While the submitters were overwhelming opposed to any legislation, it was clear that many had no understanding of what hate speech was, and why people would want to restrict it. The select Committee needed to provide the public with more information about what was intended and what the international situation is. If nothing else this thesis should provide that comprehensive background information to ground any further debate.

This thesis makes a policy recommendation for the New Zealand Government. The policy that is examined and contrasted with international experiences is that of hate speech legislation. What should New Zealand do in regards to hate speech? 

The general debate is examined and the free expression versus legislation debate is analysed to provide a comprehensive background to the topic. The reasons why free expression is important to society and democracy are examined. Alongside free expression, the harms of hate speech are also analysed in order to demonstrate what harm occurs and if such harms should be legislated against.

The international situation is contrasted with the New Zealand experience. The legislation of the United States, Canada and Australia, is analysed in order to compare and contrast with New Zealand's legislation. These three countries are closely aligned with New Zealand in terms of language, politics and culture. These countries provide equivalent characteristics and are therefore the most useful for comparison. 

The United States is especially important as it has no hate speech legislation and provides a valuable baseline from which the effects of legislation can be compared against.

The New Zealand situation is then examined to point out its strengths and weaknesses. Where there are weaknesses this thesis recommends changes that could be made in varying political circumstances. 

Hate speech and free speech issues are not largely discussed in New Zealand literature and scholarly work. This thesis follows some work that has been previously done on the topic in New Zealand. The bulk of the work written about hate speech and free speech issues has been completed internationally and needs to be adjusted to fit the New Zealand situation. This recommendation has gone some way to doing that. 

An area of particular interest in this paper is the categories of people that deserve protection. Historically just 'race' has been provided protection from hate speech in New Zealand and this thesis examines why. Central to this investigation is why other categories are not protected.

text: Rocks Can Turn to Sand and be Washed Away but Words Last Forever: A Policy Recommendation for New Zealand's Vilification Legislation Free speech and free expression are values that are highly prized in western society. The mention of removing or altering that right creates great debate. In 2004 a Select Committee was set up to inquire into what New Zealand's stance on Hate Speech should be. The submissions to that committee made it clear that free expression was a highly held right in New Zealand. While the submitters were overwhelming opposed to any legislation, it was clear that many had no understanding of what hate speech was, and why people would want to restrict it. The select Committee needed to provide the public with more information about what was intended and what the international situation is. If nothing else this thesis should provide that comprehensive background information to ground any further debate.

This thesis makes a policy recommendation for the New Zealand Government. The policy that is examined and contrasted with international experiences is that of hate speech legislation. What should New Zealand do in regards to hate speech? 

The general debate is examined and the free expression versus legislation debate is analysed to provide a comprehensive background to the topic. The reasons why free expression is important to society and democracy are examined. Alongside free expression, the harms of hate speech are also analysed in order to demonstrate what harm occurs and if such harms should be legislated against.

The international situation is contrasted with the New Zealand experience. The legislation of the United States, Canada and Australia, is analysed in order to compare and contrast with New Zealand's legislation. These three countries are closely aligned with New Zealand in terms of language, politics and culture. These countries provide equivalent characteristics and are therefore the most useful for comparison. 

The United States is especially important as it has no hate speech legislation and provides a valuable baseline from which the effects of legislation can be compared against.

The New Zealand situation is then examined to point out its strengths and weaknesses. Where there are weaknesses this thesis recommends changes that could be made in varying political circumstances. 

Hate speech and free speech issues are not largely discussed in New Zealand literature and scholarly work. This thesis follows some work that has been previously done on the topic in New Zealand. The bulk of the work written about hate speech and free speech issues has been completed internationally and needs to be adjusted to fit the New Zealand situation. This recommendation has gone some way to doing that. 

An area of particular interest in this paper is the categories of people that deserve protection. Historically just 'race' has been provided protection from hate speech in New Zealand and this thesis examines why. Central to this investigation is why other categories are not protected.

year: 2007

title: Body Tourism in Queered Streets: Geographies of gay pride parades

authors: Johnston, Lynda

subjects: gay pride parades

abstract: This thesis begins with an examination of the construction of knowledge within tourism studies. I argue that tourism studies, like most social sciences, has been built on a mind/body dualism. The mind has been privileged and linked to rationality, heterosexuality and masculinity, while the body has been Othered and associated with irrationality, homosexuality and femininity. I critique tourism studies' literature, specifically hallmark tourism, postmodern tourism, ethnic tourism, sex tourism and gender and tourism, to argue that the body has been denied, desired and Othered by tourism studies' academics. Tourism studies, as academic discourse, tends to produce hegemonic, disembodied and masculinist knowledges.
Against this theoretical backdrop, I examine an explicitly gendered/sexed and sexualised tourist event. I conduct a study of gay pride parades: Auckland, Aotearoa/New Zealand's HERO Parade and the Sydney, Australia Gay and Lesbian Mardi Gras Parade. I use qualitative methods of data collection, specifically, participant observations, in-depth and semi-structured interviews, focus group interviews, questionnaires and newspapers, photographs, video recordings, television and radio discourses.
There are three points to my discussion. I argue first, that the place of the parade becomes a contested site. Debates over the parade site derive from constructions of 'queer' bodies as deviant, dangerous and abject. Hence, 'gay' bodies become inappropriate bodies to inhabit (public) central business districts. Parade sites in 'gay' (read private) neighbourhoods, however, are perceived as less 'threatening' by city council officials. Second, I argue that rigid borders are maintained at the parade site between the queer bodies on parade (the 'hosts') and the watching, 'heterosexual' tourists. These tourists Other the queer bodies on parade. Heterosexual tourists occupy a dominant, unmarked position which is maintained through discourses of liberalism. Parading bodies which are less visibly 'gay', however, disrupt this unmarked position and trouble the binary between Self /Other, tourist/host, and straight/ gay, and hence explicitly embody tourists. Third, I disrupt binary notions of masculine I feminine bodies in gay pride parades by focusing on the ways marching boys' bodies can be read as 'fluid': both hyper-masculine and feminine.
This study offers an example of new possibilities for tourism studies. Explicit inclusion of gendered/ sexed and sexualised bodies in tourism research problematises the mind/body dualism, thereby subverting the masculinism of tourism discourse.

text: Body Tourism in Queered Streets: Geographies of gay pride parades This thesis begins with an examination of the construction of knowledge within tourism studies. I argue that tourism studies, like most social sciences, has been built on a mind/body dualism. The mind has been privileged and linked to rationality, heterosexuality and masculinity, while the body has been Othered and associated with irrationality, homosexuality and femininity. I critique tourism studies' literature, specifically hallmark tourism, postmodern tourism, ethnic tourism, sex tourism and gender and tourism, to argue that the body has been denied, desired and Othered by tourism studies' academics. Tourism studies, as academic discourse, tends to produce hegemonic, disembodied and masculinist knowledges.
Against this theoretical backdrop, I examine an explicitly gendered/sexed and sexualised tourist event. I conduct a study of gay pride parades: Auckland, Aotearoa/New Zealand's HERO Parade and the Sydney, Australia Gay and Lesbian Mardi Gras Parade. I use qualitative methods of data collection, specifically, participant observations, in-depth and semi-structured interviews, focus group interviews, questionnaires and newspapers, photographs, video recordings, television and radio discourses.
There are three points to my discussion. I argue first, that the place of the parade becomes a contested site. Debates over the parade site derive from constructions of 'queer' bodies as deviant, dangerous and abject. Hence, 'gay' bodies become inappropriate bodies to inhabit (public) central business districts. Parade sites in 'gay' (read private) neighbourhoods, however, are perceived as less 'threatening' by city council officials. Second, I argue that rigid borders are maintained at the parade site between the queer bodies on parade (the 'hosts') and the watching, 'heterosexual' tourists. These tourists Other the queer bodies on parade. Heterosexual tourists occupy a dominant, unmarked position which is maintained through discourses of liberalism. Parading bodies which are less visibly 'gay', however, disrupt this unmarked position and trouble the binary between Self /Other, tourist/host, and straight/ gay, and hence explicitly embody tourists. Third, I disrupt binary notions of masculine I feminine bodies in gay pride parades by focusing on the ways marching boys' bodies can be read as 'fluid': both hyper-masculine and feminine.
This study offers an example of new possibilities for tourism studies. Explicit inclusion of gendered/ sexed and sexualised bodies in tourism research problematises the mind/body dualism, thereby subverting the masculinism of tourism discourse.

year: 1998

title: Reclaiming Kaitiakitanga : An intergenerational perspective of Kaitiakitanga within Te Parawhau

authors: Walker, Erana

subjects: Kaitiakitanga

abstract: Kaitiakitanga is a concept that is utilised widely throughout the Māori world for the protection and preservation of cultural aspects to Māori. Through years of application by westernised mainstream processes the value has largely been restricted to the realms of environmental protection. This restriction has often been the result of misinterpretation of Kaitiakitanga and its relevance as a concept to Māori. The purpose of the thesis is to question how the perspective of Kaitiakitanga is constructed in the minds of representatives from the hapū of Te Parawhau. To test for variance, the research spans across two generations of hapū members. Using Whakawhiti Kōrero for data collection as well as Kaupapa Māori methodology as guidance, the thesis explores perspectives of two generations of Te Parawhau descendants around Kaitiakitanga and how it can be developed to aid in the growth and prosperity of the hapū. Key themes highlighted by the analysis encompass ideas of connectedness as well as spiritual, physical, environmental and human elements of responsibility and obligation. The thesis introduces a distinct Te Parawhau analytical framework for its analysis of rich kōrero by hapū members in relation to Kaitiakitanga. Through this framework the value of Kaitiakitanga is tested for relevance to Te Parawhau and its future development. The world view of Te Parawhau has formed the basis of participant perspectives around Kaitiakitanga and leads the researcher to consider that such knowledge is important to the future functionality of Māori value’s. The thesis concludes to show that there are indeed differences in application and perspectives of Kaitiakitanga within the hapū of Te Parawhau.

text: Reclaiming Kaitiakitanga : An intergenerational perspective of Kaitiakitanga within Te Parawhau Kaitiakitanga is a concept that is utilised widely throughout the Māori world for the protection and preservation of cultural aspects to Māori. Through years of application by westernised mainstream processes the value has largely been restricted to the realms of environmental protection. This restriction has often been the result of misinterpretation of Kaitiakitanga and its relevance as a concept to Māori. The purpose of the thesis is to question how the perspective of Kaitiakitanga is constructed in the minds of representatives from the hapū of Te Parawhau. To test for variance, the research spans across two generations of hapū members. Using Whakawhiti Kōrero for data collection as well as Kaupapa Māori methodology as guidance, the thesis explores perspectives of two generations of Te Parawhau descendants around Kaitiakitanga and how it can be developed to aid in the growth and prosperity of the hapū. Key themes highlighted by the analysis encompass ideas of connectedness as well as spiritual, physical, environmental and human elements of responsibility and obligation. The thesis introduces a distinct Te Parawhau analytical framework for its analysis of rich kōrero by hapū members in relation to Kaitiakitanga. Through this framework the value of Kaitiakitanga is tested for relevance to Te Parawhau and its future development. The world view of Te Parawhau has formed the basis of participant perspectives around Kaitiakitanga and leads the researcher to consider that such knowledge is important to the future functionality of Māori value’s. The thesis concludes to show that there are indeed differences in application and perspectives of Kaitiakitanga within the hapū of Te Parawhau.

year: 2016