title: Access to Marriage for Same-Sex Couples in New Zealand: A Matter of Human Rights

authors: Christie, Nigel

subjects: same-sex marriage

abstract: Scope of work undertaken:
This thesis focuses on access to marriage as a fundamental human right, and the premise that there is no justifiable reason, in terms of New Zealand law, why same-sex couples should be excluded from this right.
Method of investigation:
This thesis is the result of participatory action research and academic analysis.
I have been centrally involved with the issue of equal access to same-sex marriage and, therefore, this thesis has been an experiential exercise involving engagement with key protagonists in human rights issues in New Zealand - proponents and detractors.
However, I have also considered a great deal of primary and secondary material, particularly in relation to human rights law and family law, and have considered key developments regarding relationship recognition in a range of overseas jurisdictions.
Main divisions of the thesis:
Part I provides introductory information, setting the objectives and the parameters of the thesis. This part also includes the methodology used in the gathering and analysis of information in the writing of this thesis.
In Part II, I provide a range of information to set the context in which I have considered the issue of same-sex marriage. This includes a personal perspective, an analysis of the human rights imperatives, and a commentary on a range of issues relating to New Zealand's constitutional and social arrangements.
In Part III, I consider developments in the law in New Zealand and overseas. I examine the response of the New Zealand courts, the United Nations Human Rights Committee, and the Government and Parliament of New Zealand to the call for same-sex marriage in New Zealand. I also examine legislative initiatives and court challenges in a range of overseas jurisdictions and the extent to which these have been successful in providing equal access to marriage for same-sex couples and the impact these might have on future developments in New Zealand.
Finally, Part IV provides a summary of the key themes of the thesis, a consideration of options for possible future action, and suggestions with regard to ensuring future success.
Conclusions reached:
My conclusion is that there is no valid justification for denying full marriage equality to same-sex couples in New Zealand, and that there are steps that we can take to ensure the achievement of full and equal treatment under the law.
It is my thesis that there is no valid justification for denying full marriage equality to same-sex couples in New Zealand.
Contribution to knowledge of the subject
This thesis provides a comprehensive analysis of law and historical fact relating to the recognition of lesbian and gay relationships in New Zealand, and in that sense, provides a cultural and historical tool for immediate use.
The thesis also, however, provides a platform for future progress. I consider that it will be able to be used as a reference to shift attitudes.
Much of the material in this thesis has been used already, both in New Zealand and internationally, in helping to bring about change.

text: Access to Marriage for Same-Sex Couples in New Zealand: A Matter of Human Rights Scope of work undertaken:
This thesis focuses on access to marriage as a fundamental human right, and the premise that there is no justifiable reason, in terms of New Zealand law, why same-sex couples should be excluded from this right.
Method of investigation:
This thesis is the result of participatory action research and academic analysis.
I have been centrally involved with the issue of equal access to same-sex marriage and, therefore, this thesis has been an experiential exercise involving engagement with key protagonists in human rights issues in New Zealand - proponents and detractors.
However, I have also considered a great deal of primary and secondary material, particularly in relation to human rights law and family law, and have considered key developments regarding relationship recognition in a range of overseas jurisdictions.
Main divisions of the thesis:
Part I provides introductory information, setting the objectives and the parameters of the thesis. This part also includes the methodology used in the gathering and analysis of information in the writing of this thesis.
In Part II, I provide a range of information to set the context in which I have considered the issue of same-sex marriage. This includes a personal perspective, an analysis of the human rights imperatives, and a commentary on a range of issues relating to New Zealand's constitutional and social arrangements.
In Part III, I consider developments in the law in New Zealand and overseas. I examine the response of the New Zealand courts, the United Nations Human Rights Committee, and the Government and Parliament of New Zealand to the call for same-sex marriage in New Zealand. I also examine legislative initiatives and court challenges in a range of overseas jurisdictions and the extent to which these have been successful in providing equal access to marriage for same-sex couples and the impact these might have on future developments in New Zealand.
Finally, Part IV provides a summary of the key themes of the thesis, a consideration of options for possible future action, and suggestions with regard to ensuring future success.
Conclusions reached:
My conclusion is that there is no valid justification for denying full marriage equality to same-sex couples in New Zealand, and that there are steps that we can take to ensure the achievement of full and equal treatment under the law.
It is my thesis that there is no valid justification for denying full marriage equality to same-sex couples in New Zealand.
Contribution to knowledge of the subject
This thesis provides a comprehensive analysis of law and historical fact relating to the recognition of lesbian and gay relationships in New Zealand, and in that sense, provides a cultural and historical tool for immediate use.
The thesis also, however, provides a platform for future progress. I consider that it will be able to be used as a reference to shift attitudes.
Much of the material in this thesis has been used already, both in New Zealand and internationally, in helping to bring about change.

year: 2009

title: Copyright in education: bringing the classroom to life

authors: Dimitrov, Dara

subjects: Copyright

abstract: The author, the daughter of a refugee, underscores the significance of education instilled by her father, who lacked it himself but saw it as a means to break free from poverty. She argues that educators require affordable training and access to materials, but copyright laws create obstacles.

Research highlights issues with copyright exceptions for educators in Fiji and the Philippines. Educators unintentionally use copyrighted materials, struggling with the intricacies of copyright law.

Financial limitations pose challenges for educational institutions globally, impacting both developed and developing countries. Educators often resort to using online resources without proper licensing due to these constraints.

The author stresses the concern of copyright enforcement against educators, particularly in developing nations. Complex copyright exceptions hinder teaching quality and material utilization.

In conclusion, the author urges a relaxation of copyright laws in education to ensure equitable access to education, especially in developing countries.

text: Copyright in education: bringing the classroom to life The author, the daughter of a refugee, underscores the significance of education instilled by her father, who lacked it himself but saw it as a means to break free from poverty. She argues that educators require affordable training and access to materials, but copyright laws create obstacles.

Research highlights issues with copyright exceptions for educators in Fiji and the Philippines. Educators unintentionally use copyrighted materials, struggling with the intricacies of copyright law.

Financial limitations pose challenges for educational institutions globally, impacting both developed and developing countries. Educators often resort to using online resources without proper licensing due to these constraints.

The author stresses the concern of copyright enforcement against educators, particularly in developing nations. Complex copyright exceptions hinder teaching quality and material utilization.

In conclusion, the author urges a relaxation of copyright laws in education to ensure equitable access to education, especially in developing countries.

year: 2023-09-29

title: Kei hea te tangi a te Tūī? An exploration of Kaitiakitanga in urban spaces

authors: Walker, Erana

subjects: Kaitiakitanga

abstract: Indigenous people’s connection to the natural world differs from place to place. In Aotearoa, New Zealand, Māori connection to nature is often articulated through the concept of kaitiakitanga whilst intertwining concepts of whakapapa, wairua, mana, mauri and place. Kaitiakitanga captures the relationships, narratives and practices that Māori utilise to protect kin of the natural environment as well as Māori communities in general. Over recent decades increase use of kaitiakitanga with respect to resource management has been linked to ideas of guardianship and stewardship, departing from important aspects such as place, whakapapa, intergenerational knowledge, spirituality and resource use. Calls to recognise the diverse ways kaitiakitanga has and can be expressed by Māori have echoed through academic literature, encouraging wider perspectives and application of the concept to develop. This has reinvigorated not only the need for natures protection but also the recognition of cultural knowledges and concepts in practicing kaitiakitanga. 
 
As with most indigenous people, Māori have experienced urbanisation that has spanned across generations of whānau and hapū. Urbanisation has the ability to challenge health outcomes, cultural practices and cultural knowledge, and more importantly, relationships to nature. Growing urbanisation and environmental degradation continue to challenge people and our relationships to nature. There is now a need to understand how urban spaces may also challenge the concepts that encourage connections to nature like kaitiakitanga. Moreover, there is a need to understand if such cultural concepts can become challenged when transient Māori reside in another tribal group’s boundaries. This research provides a deeper analysis of kaitiakitanga by understanding its application within the urban space of Kirikiriroa/Hamilton. From data gathered through a survey, focus groups and interviews, this research project illustrates the experiences of Māori in the urban space who know and practice kaitiakitanga in Kirikiriroa/Hamilton. More importantly, this study posits the integral role of place connection and mana in supporting and shaping kaitiakitanga practices in urban spaces.

The data from participants shows a clear narrative of kaitiakitanga from both local and transient Māori exist and indicates that kaitiakitanga is practiced in accordance with their location and whakapapa to their area of residence. The study has found that kaitiakitanga practices have adapted to suit urban spaces allowing for both transient and local knowledges to exist within the urban space. The key findings of this research show many influences that impact kaitiakitanga practices like the recognition of childhood spaces and experiences, ideas of kinship, cultural knowledges, spirituality, mobility, nature as well as modernisation. Through exploring participants use and knowledge of kaitiakitanga, this research provides a new lens in which to view this concept and bring to the fore, the various experiences and ways that participants connect to place, people, culture and most importantly, nature.

text: Kei hea te tangi a te Tūī? An exploration of Kaitiakitanga in urban spaces Indigenous people’s connection to the natural world differs from place to place. In Aotearoa, New Zealand, Māori connection to nature is often articulated through the concept of kaitiakitanga whilst intertwining concepts of whakapapa, wairua, mana, mauri and place. Kaitiakitanga captures the relationships, narratives and practices that Māori utilise to protect kin of the natural environment as well as Māori communities in general. Over recent decades increase use of kaitiakitanga with respect to resource management has been linked to ideas of guardianship and stewardship, departing from important aspects such as place, whakapapa, intergenerational knowledge, spirituality and resource use. Calls to recognise the diverse ways kaitiakitanga has and can be expressed by Māori have echoed through academic literature, encouraging wider perspectives and application of the concept to develop. This has reinvigorated not only the need for natures protection but also the recognition of cultural knowledges and concepts in practicing kaitiakitanga. 
 
As with most indigenous people, Māori have experienced urbanisation that has spanned across generations of whānau and hapū. Urbanisation has the ability to challenge health outcomes, cultural practices and cultural knowledge, and more importantly, relationships to nature. Growing urbanisation and environmental degradation continue to challenge people and our relationships to nature. There is now a need to understand how urban spaces may also challenge the concepts that encourage connections to nature like kaitiakitanga. Moreover, there is a need to understand if such cultural concepts can become challenged when transient Māori reside in another tribal group’s boundaries. This research provides a deeper analysis of kaitiakitanga by understanding its application within the urban space of Kirikiriroa/Hamilton. From data gathered through a survey, focus groups and interviews, this research project illustrates the experiences of Māori in the urban space who know and practice kaitiakitanga in Kirikiriroa/Hamilton. More importantly, this study posits the integral role of place connection and mana in supporting and shaping kaitiakitanga practices in urban spaces.

The data from participants shows a clear narrative of kaitiakitanga from both local and transient Māori exist and indicates that kaitiakitanga is practiced in accordance with their location and whakapapa to their area of residence. The study has found that kaitiakitanga practices have adapted to suit urban spaces allowing for both transient and local knowledges to exist within the urban space. The key findings of this research show many influences that impact kaitiakitanga practices like the recognition of childhood spaces and experiences, ideas of kinship, cultural knowledges, spirituality, mobility, nature as well as modernisation. Through exploring participants use and knowledge of kaitiakitanga, this research provides a new lens in which to view this concept and bring to the fore, the various experiences and ways that participants connect to place, people, culture and most importantly, nature.

year: 2021