New District Court judges increase number and diversity

Twenty one new District Court judges have been appointed, which will increase the total from 155 to 172 (some are retiring but 10 positions are new). This sounds like a lot of judges, but the courts are under a lot of pressure, with delays in proceedings common. Increasing ethnic and gender diversity is a given these days.

RNZ: Diverse intake of 21 new District Court judges

Another 21 new District Court judges have been appointed in a move the government says is to improve access to justice and boost diversity in New Zealand’s courts.

The appointments include 11 judges filling the positions of judges who have retired from the District Courts but 10 positions are new, as provided for in last year’s Budget.

The appointees include 10 new Māori judges, eight Pākehā, one Māori/Chinese and two Samoan. Twelve of them are women.

Attorney-General David Parker said there was an increasing workload for District Court judges.

“It’s partly because of population increase, partly because the trials are more complex than they used to be and partly because we’re trying to take an approach to therapeutic courts where we’re trying to deal with the underlying drug and addiction issues of some of the offenders so they don’t reoffend.”

The names of 14 of the new judges were released today, with the rest to be announced later this year.

If the gender and ethnicity are known then all the appointees must be decided on. I don’t know why seven names won’t be announced until later in the year.

Action Station report on hate speech, versus free speech

It is actually working a lot, but often not how people want it to work. Can we do much about it? or do we just have to go with how things evolve, both good and bad?

Action Station has just released  The People’s Report on Online Hate, Harassment and Abuse.

It is not ‘the people’, it is ‘some people’ who have done the report. Good on them, but they should not claim to speak for ‘the people’.

For decades, the internet has been hailed as a groundbreaking interactive marketplace of ideas, where anyone with access to data and a device can set up a stall.

Online tools have made it possible to communicate easily with friends and whānau around the world, sell and purchase goods and services, enrol to vote, raise billions for charitable causes or start-up businesses, and even hail a ride or meal to your front door.

The internet has helped give people who have historically been locked out of democracy by discrimination or poverty a way to voice the needs of their communities and organise at scale.

Over the past four years, ActionStation members have used digital tools and platforms to connect and collaborate with hundreds of thousands of other New Zealanders who share their vision and values to engage powerfully in our democracy.

In the 21st century, social media has become the new public square.

The downside to this unparalleled information exchange and connectedness is that the internet also provides a powerful and relatively cheap way for groups and individuals to spread hate, fear, abuse and mis/dis/mal-information across time and space, and without transparency.

The term ‘fake news’ has been widely used to refer to a range of different kinds of false and harmful information.

While ActionStation has been at the forefront of exploring and facilitating digitally-enhanced democratic participation in New Zealand, we have also been exposed to these downsides.

It is that exposure that has prompted this report.

In 2015, the National-led government passed the Harmful Digital Communications Act (HDCA). It states that a digital communication should not:

“…denigrate a person’s colour, race, ethnic or national origins, religion, gender, sexual orientation or disability.”

In 2019 we ask: has the Act worked? Is the internet free from prejudice and harm? Do people feel safe to participate freely in conversations online? Or is there more work to do?

They say their findings show:

Why is it worse for people from some groups?

The Harmful Digital Communications Act (2015) is a powerful piece of legislation that was enacted to address the issue of online abuse. However it is not sufficient to address every issue of online hate, harassment and abuse.

The law (while broad) is designed for only a limited number of situations where online harm occurs. Specifically, it appears to work well in many cases of one-to-one abuse, where an individual who is being abused can contact Netsafe and identify the abuser.

There have however been instances, some high profile, where seemingly clear cut cases of abuse and harassment are deemed to not breach the act,such as when a Facebook user commented that writer Lizzie Marvelly should try “bungy jumping without the cord”.

The tools of the HDCA appear unsatisfactory in other cases of serious abuse online, such as when an organised group (often using ‘shill’ accounts and fake identities) are targeting an individual. There are also cases where hate is being directed at a group of people, but not necessarily targeted at an individual who can lay a complaint, where there is still a considerable harmful ‘bystander’ effect.

In New Zealand, the Human Rights Act currently includes provisions that cover both civil and criminal liability for the incitement of racial disharmony. However, the threshold is extremely high and there is a profound scarcity of successful racial disharmony claims to the Human Rights Review Tribunal.

Racial disharmony provisions only apply to instances where hostility is stirred up amongst people other than those who are the subject of the hate. The expression of hatred in and of itself (or the effect of that hatred on the person or group it is directed towards) is not sufficient for the law to apply. The hate speech provisions in the Human Rights Act also apply only to colour, race, or ethnic or national origins and not religion. ‘Hate speech’ against religion, or even religious people, is not unlawful.

Any laws against hate speech and harassment should be generic and protect anyone who is targeted.

One of the most significant themes to emerge in this research was the need to attend not just to individualised concerns (e.g. individual rights and privacy) but also to collective dynamics and wellbeing. Therefore any policies that are developed to protect people online and ensure their ability to participate freely and safely online need to have at their centre indigenous and collectivist thinking, especially as Māori have historically (and presently) been among those who are most targeted by hateful speech.

Māori digital rights advocate Karaitiana Taiuru says that two Māori values in particular could help support those who build the technology that permeates so much of our lives to build tools for a safer, better internet. Manaakitanga (How can we build tools that encourage users to show each other care and compassion and work to uplift each other?) and Kaitiakitanga (How can we build tools where all users become the guardians of the experience and data in a highly trusted, inclusive, and protected way?).

I’m not sure why ‘indigenous thinking and values’ in particular should provide the solutions. That’s ironic given their support of diversity. Surely all thinking and values should be considered.

After that their report stops. But back to the start they have some action – Sign the Petition – but as of now the link to that doesn’t work, but another link gets to it:

The time has come for urgent action to address the significant threats online hate, harassment and abuse is causing to New Zealanders.

We are asking Justice Minister Andrew Little to implement our recommendations and work with the online platforms to ensure our online spaces  are safe for everyone.

If the internet is the new public square, it is imperative that lawmakers ensure the ability of all New Zealanders to access reliable and credible information about issues of public importance, and the ability of everyone in this country to participate safely in public conversations about those issues.

Add your name to the petition to show your support and help us fight for change.

Proposed solutions:

If the internet is the new public square, it is imperative that lawmakers ensure the ability of all New Zealanders to access reliable and credible information about issues of public importance, and the ability of everyone in this country to participate safely in public conversations about those issues.

Based on our analysis, we are making four recommendations to the New Zealand government:

Remove: Ensure platforms are active in removing harmful content quickly. An investigation into the most effective method to do this would be required, but the responsibility should be placed on the platform, not the users.

Reduce: Limit the reach of harmful content. Neither the platforms nor the users who create hateful and harmful content should benefit from algorithms that promote divisive and polarising messages.

Review: The New Zealand government needs to review our hate speech laws, the Harmful Digital Communications Act, the Domestic Violence Act, the Harassment Act and the Human Rights Act to ensure they are fit for purpose in protecting people online in the 21st century.

Recalibrate: One of the most significant themes to emerge in this research was the need to attend not just to individualised concerns (eg individual rights and privacy) but also to collective dynamics and wellbeing. Any policies that are developed to protect people online need to have indigenous and collectivist thinking at their centre. They should also ensure that all internet safety / hate speech agencies funded by the Crown reflect the increasing diversity of our country.

They won’t solve all of the problems with the internet, or even all the ones described in our report. But it would be a start.

More is explained at The Spinoff:  The internet is the new public square. And it’s flowing with raw sewage by Leroy Beckett, the Open Democracy campaigner at ActionStation

Speech and behaviour online are issues that certainly need to be considered, but far more widely than by Action Station.

Free speech is a fundamental part of an open democratic society. Protections which limit free speech need to be carefully considered.







Diversity and Chinese Language Week

This week is ‘New Zealand Chinese Language Week’:

New Zealand Chinese Language Week  (16-22 October) is a Kiwi-led initiative aimed at encouraging New Zealanders to discover Chinese language and culture. 

Be inspired by our supporters and meet our  “Mandarin Superstars” as they share their exciting experiences.

Check out what events are taking place in your region 16-22 October.

Find out how you can get “Asia ready” in 2017 by checking out our language learning resources.

But ‘Chinese language’ is not one thing, it is a diverse range of languages and dialects.

We don’t often refer to Romance languages, but instead to Italian, Spanish, French, plus the language that’s a derivative of these and has become widespread, English.

And some dialects of English can be nearly or wholly unintelligible to other English speaking people.

Bevan Chuang points out Chinese Language is more diverse than Mandarin

Chinese Language Week is the one week that I get very patriotic about how unilineal and narrow focus this week is.

Chuang details a number of reasons why she is frustrated that people ask her to write something in Mandarin – she is a native Cantonese speaker.

1. Mandarin is only one of many Chinese languages

The Chinese language we know are associated with ethnic Han Chinese. Within the Chinese community there are more than one ethnic group though Han Chinese make up 92% of Chinese in China and 97% in Taiwan.

Linguists note that the Chinese language is as diverse as a language family, like those of Romance languages.

There are between 7 and 13 main regional groups of Chinese, with majority speaking Mandarin (including Standard Chinese, Pekinese, Suchuanese, Dungan) but followed by Wu (including Shanghainese, Suzhounese, Wenzhounese), Min (inlcuding Fuzhounese, Hainese, Hokkien, Taiwanese, Teochew), Yue (including Cantonese and Taishanese), Gan, Xiang and Hakka.

Most of these groups are mutually unintelligible though they may share common terms. They also varies in tone and anaytic.

The Mandarin that we now know in the Western society is the Standard Chinese, which is derived from the term guānhuà (官话/官話), or “official speech”, to refer to the speech used at the Court. The term “Mandarin” is borrowed directy from Portuguese, mandarim, which is derived from the Sanskrit word mantrin, Conselor or Minister.

Before the 19th century, the standard was based on the Nanjing dialects, but later the Beijing dialect became increasingly influential, and with the dying of Qing dynasty, Beijing dialect was established as guóyǔ (国语/國語), or the “national language”.

With the Communist-ruled country, Mandarin became increasingly influential because it is seen as the standardised language, and people seems to only identify Mandarin as the only Chinese language.

2. Disrespectful to the Chinese forbearers to New Zealand

Early Chinese immigrants to New Zealand are Cantonese speakers from South China. They came from the Pearl River delta area in Guangdong province. Most (67%) were from Panyu county; the rest were from Siyi, Zengcheng, Dongguan and Zhongshan. These counties are located around the city of Canton (Guangzhou).

New Zealand was one of the three countries that place a poll tax on the Chinese immigrants. In 2002, former Prime Minister Helen Clark formally apologised to the Chinese Poll Tax descendents and subsequently the Chinese Poll Tax Heritage Trust was formed.

One of the key focus of the Trust is to promote learning and the use of the Cantonese language, the language of the forbearers. Supporting the descendents to hold on to their language and culture of their ancestors.

Very different to the many Language Weeks we have in New Zealand, the Chinese Language Week is not about ensuring the language of our ancestors will live on, but this is purely about increasing trade.

3. Not celebrating diversity

Chinese, both the language and the people, are very diverse. We are not able to address and celebrate the diversity and yet lumped together as one. This also helps support the Chinese government’s plan to diminish dialects by only promoting Mandarin as the only Chinese language.

The United Nations have acknowledged that the Chinese language is becoming less diverse, and over 100 languages are in danger of dying out. Even Shanghainese, one of the many “Mandarin” dialects, is in fear of dying out. Just Google “Dying Chinese Language” and you will find pages of search results related to the concern that the Mandarin policy is killing the other languages. The killing of these languages are more than just a language, but the culture and history.

What can we do

One day, I hope, that the Chinese Language Week actually celebrates the history and diversity of all Chinese language and promote the use of Chinese as a whole, not focusing only in Mandarin. Even here in New Zealand, there are two main dialects.

According to the last Census, 52,263 people spoke Northern Chinese which includes Mandarin, 44,625 spoke Yue that includes Cantonese and 42,750 spoke a “Sinitic” language.

New Zealand is becoming increasingly diverse, and ethnic Chinese are becoming a larger part of our mix.

And within the ethnic Chinese population there is also diversity beyond simply immigrants and those born here and with as long a connection to New Zealand as many of us.

We are familiar with recognising distinct differences between English, Scottish, Welsh and Irish even though they share a common language.

In New Zealand they share many things in common, while some retain some cultural practices as well. That is usually celebrated.

Ethnicity, culture and language have never been simple and separable.

The same should apply to the diversity of ethnic Chinese now living here. They accept aspects of our culture (actually cultures) while retaining some of there own if they wish. Language is one part of that.

Food is another – Chinese options have become much more diverse here in my lifetime. I don’t know where I could still find chicken, rice and mixed vegetables – with buttered bread soaked in Worcester Sauce for an entree.

We may have no interest in learning one of the Chinese languages, that’s a lot more challenging than scoffing sweet and sour wantons or egg foo young, but we can at least recognise the diversity of Chinese language as well as cuisine.


Diversity: It’s a good thing

Some people say they want everyone who migrates to New Zealand to accept and follow our ‘culture’. They don’t explain exactly what New Zealand culture is.

Maori culture is a significant part, but even that varies in different parts of the country, and it has blended significantly with other cultures. Which other cultures? From the 2013 census New Zealand residents identified with these ethnicities:

  • European 74%
  • Maori 14.9%
  • Asian 11.8%
  • Pacific 7.4%
  • Middle Eastern/Latin American/African 1.2%

I guess I’m included in ‘European’ but I don’t see myself as European, I see myself as a New Zealander with little empathy for Europe.

European and Asian cover a wide range of ethnicities. And many people identified with multiple ethnicities, for example 53.5% of Maori identified with two or more ethnic groups.

Many of us have ancestral links with Great Britain, but there’s a wide range of cultures there. It comprises England, Scotland, Wales and still a part of Ireland, but within each of those there is a huge cultural mix.

The British Isles have been a melting pot of cultures for millenia. Some of the major inputs have been Celtic, Roman, Viking, Angle, Saxon, Jute, Norman, with a lot of intermixing with neighbouring countries such as France, Holland, Spain. There have been significant influxes of immigrants at various times from  around Europe, and more recently from the Caribbean and Asia.

And many of these cultures end up in New Zealand, melding European with Pacific.

So when people claim some sort of magic culture that everyone should embrace I have no idea what they mean.

Some people seem to be afraid of diversity. Others, like me, like it and embrace it.

Last night someone linked to this image:


Have a look at the ethnic mix in many cities in New Zealand and you will see a wide diversity, different to this picture but just as varied.

I enjoy mixing with other cultures.

At various times I have had a go at learning a number of languages – French, Esperanto, Italian, German and Spanish. I know bits of them, and I know bits of Maori and other Pacific languages but am not fluent in any other than English. Or I should say the particular flavour of English many of us use in New Zealand.

I enjoy eating a wide variety of cuisine from around the world.

There are some people who shun diversity in food and prefer Macdonalds when travelling – but I didn’t experience hamburgers until some time through my childhood and Macs are hardly a symbol of Kiwi or European culture.

While some seem to yearn for a Kiwi monoculture the reality is that diversity rules here, and immigration will ensure that our cultural mix keeps changing and evolving.

And it’s worth remembering that cultural diversity leads to genetic diversity, which is essential for a healthy human race.

Diversity? Yes please. A monoculture of clones would be boring.

Stand up straight white males

David Farrar at Kiwblog has comments (Straight White Men) on what Deborah Russell writes in the Dom Post,  Straight white men have lost power – about the balance of power in parliament.

I’m a straight white man but I don’t care about the power loss, it’s time reasonable balance of power was achieved. But we’re not there yet.  Farrar says:

Now as I said, while I support diversity I don’t think the aim is to get a Parliament that is perfectly proportional in every demographic. I think it is about being broadly representative. And we are in terms of Caucasian, Maori, Pacific and gay MPs. We’re not doing so well with female and Asian MPs.

How do we do better with female and Asian MPs?

Making parliament a less macho-combative personality attacking forum would help. It would not only make it a more attractive vocation for women and Asians, but also for better quality Maori, Pacific and gay MPs. And also better quality straight white males.

It’s not difficult to imaging that many good people won’t offer themselves as potential representatives of the people because they don’t want to subject themselves to the levels of personal scrutiny and abuse that happens still.

We probably aren’t over-represented numerically by the negative and nasty, but the worst side of parliament seems to dominate perceptions, and that repels.

There are dinosaur MPs of the past still in parliament who seem to see themselves as T Rex essentials. Not only do they foul the quality of behaviour, they discourage better and more diverse representation.

One way to address this is for stand up straight while males to confron then and stare down their antics. That will be most effective if it comes from the top.

John Key and David Shearer could lead the way to an even better diversity and quality of representation, if they chose to show leadership on this.