Luke Strongman

Bio: Luke Strongman is an academic researcher from The Open Polytechnic of New Zealand. The author has contributed to research in topics: Treaty of Waitangi & Aotearoa. The author has an hindex of 2, co-authored 10 publications receiving 19 citations.

The Internet, the Law, and Privacy in New Zealand: Dignity with Liberty?

Abstract: Early participants in the Internet experienced very little legal or social pressure with respect to either data privacy or regulation. However, the innovations of Web 2.0 are symptomatic of a re-creation of cyberspace from an original “free for all,” in which websites had no normative constraints, toward a significant shift to website management that addresses privacy concerns. If the laws of the non-virtual world are difficult to apply to the online world, must the non-virtual world create new laws to control the online world? Should a balance be made between laws of the non-virtual and virtual worlds, or should a new set of laws be created specifically to govern the Internet? Concordant with this dilemma is the issue that although precedent may create new laws, when the law changes with the possibilities for uses and abuses of new online technologies, to what extent can it be said to either perpetuate or create to any internally consistent system?

Sovereignty in Postcolonial Aotearoa New Zealand: ambiguities, paradoxes, and possibilities.

Abstract: The Treaty of Waitangi, concluded between many Māori chiefs and the British Crown in 1840, is the foundational testament of Aotearoa New Zealand. Despite the constitutional character, its status, subject matter, and terms of the treaty are disputable. Legal positivists deny the validity of the treaty; the English text, but not the Māori version, supports cession of sovereignty despite the Māori probably not sharing the European conception of sovereignty. Such ambiguities and paradoxes obstruct categorical conclusions being drawn about sovereignty and the treaty. This article destabilizes and remystifies the positivist conception of Crown (state) sovereignty, rather than establishing illusory certainties about sovereignty in Aotearoa New Zealand. Stripped of its positivist certainties, sovereignty, on a day-to-day basis, may be seen to concern the ways self-determining peoples protect, preserve, and develop their cultures. Viewed in this light, sovereignty in Aotearoa New Zealand cannot plausibly be claimed by one particular culture; therefore, other solutions must be considered.

‘Decent Exposure’: A socio‐cultural interpretation of Flight TE901

Abstract: The crash of an Air New Zealand DC 10 (Flight TE901) and the deaths of all 257 people on board, on the southern slopes of Mount Erebus, Antarctica, on 28 November 1979 is the worst disaster and loss of life on the continent. This paper analyses the causes of the disaster and its impact noting that it has taken two decades and a generation to provide sufficient temporal distance for cultural conciliation in New Zealand society.

Law's Empire

Abstract: Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

The Net Delusion: The Dark Side of Internet Freedom

Abstract: The Net Delusion: The Dark Side of Internet Freedom by Evgeny Morozov New York: Public Affairs, 2011 409 pages $16.99 [ILLUSTRATION OMITTED] In January 2010, Secretary of State Hillary Clinton gave a highly touted speech on Internet freedom in which she stated, "The freedom to connect is like the freedom of assembly, only in cyberspace. It allows individuals to get online, come together, and hopefully cooperate. Once you're on the Internet, you don't need to be a tycoon or a rock star to have a huge impact on society." Evgeny Morozov, in his book The Net Delusion, takes great issue with the implication, however, that the so-called "Arab Spring" and "Twitter Revolution" were caused by unfettered access to the Internet. Instead, Morozov, a research academic, provides a cautionary tale about what he argues is any attempt to establish a monocausal relationship to meaningful political change (especially when that single focus is information technology). The book opens with a discussion of cyber-utopianism and Internet-centrism--mind-sets that focus on the positive "emancipatory" aspects of Internet communication while ignoring the downsides. The argument throughout centers on nation-state policy, or lack thereof, that attacks the "wicked" problem of authoritarianism by, as a colleague of mine has dubbed it, "wiring the world." Morozov, expectantly, but importantly, cites the hedonistic world portrayed by Huxley and the "Big Brother" world of Orwell to consider both the proactive and reactive approaches to Internet freedom by authoritarian regimes. Interestingly, he notes that there is often a mix of both. Such regimes certainly use the anonymity and openness of the Internet to spy on their people and shutdown undesirable sites. But there is also a subtle approach that belies the jackboot on the keyboard methodology. While China may be known more for suppressing the Internet and for employing the masses to counter antiregime rhetoric, Russia imposes no formal Internet censorship. It relies on entertainment (porn is specifically cited) to soothe the masses, assuming that given options for political discourse and anything else, most opt for "anything else." Hitler would understand. And in nations where freedom is not widely understood from a western perspective, any bit of additional mindless diversion may be viewed as liberty by the populace. Perhaps most importantly, Morozov rails against social media determinism as driving the end of authoritarianism, labeling it "an intellectually impoverished, lazy way to study the past, understand the present, and predict the future." He does not dismiss the value of Facebook and Twitter to quickly mobilize like-minded individuals. He notes as well that the development of that very like-mindedness is complex and potentially can be manipulated by authoritarian governments using the same Internet freedom. …

Constitutional and Administrative Law

Abstract: This work aims to provide a concise treatment of constitutional and administrative law, which is a core subject for LLB and CPE students. It It contains a comprehensive introduction to the subject, and new case and statute law, and is suitable for students taking law degrees, CPE and ILEX Stage II courses, and those taking degrees in public administration, politics, government, and students taking A-Level law.

The Treaty of Waitangi in New Zealand's Law and Constitution in 2015

Abstract: The Treaty of Waitangi, signed by Maori and by the British Crown in 1840, is the founding document of New Zealand. Yet it is not incorporated into domestic law. This book examines the place of the Treaty of Waitangi in New Zealand's law and constitution - where it is and where it should be. It undertakes an in depth analysis of the contemporary meaning of the Treaty of Waitangi, its legal status and its constitutional place. The book suggests that the meaning of the Treaty of Waitangi has been reinterpreted through a process of constitutional dialogue from 1973 to 1993. Today, its general meaning is best understood as representing an explicit commitment to the health of the relationships between the Crown, Maori, and other New Zealanders. Yet the specific meaning of the Treaty in relation to particular issues depends on context and therefore remains uncertain. This uncertainty is exacerbated by the incoherent legal status and inconsistent legal force of the Treaty of Waitangi. Underlying this is the continuing contested and tense uncertainty of the constitutional roles of New Zealand's public institutions in relation to the Treaty of Waitangi today. The key focus of the forward-looking part of the book is on how to achieve the objective of healthy relationships between the Crown, Maori and other New Zealanders. The conclusion is that, in order better to achieve this objective, change is desirable - change that stabilises the place of the Treaty of Waitangi in New Zealand's law and constitution. The Treaty should be given legal force, as judged independently by a new Treaty of Waitangi Court. This book was awarded the JF Northey Book Award by the Legal Research Foundation for the best book published by a New Zealand based author in 2008.A copy of the book may be ordered from Victoria University Press.

Twenty years of pacifying responses to environmental management

Abstract: Using a state, pressure, response framework, we provide an evidence-based reflection on environmental outcomes in Australia and New Zealand across the domains of climate change, biodiversity, freshwater and marine management, emphasising the role of Indigenous and business perspectives. Significant developments have occurred in the past 20 years through affirmation of Indigenous rights and responsibilities. Responses to climate change have tended to emphasise passive risk management with unclear outcomes. Despite meeting biodiversity protection targets, outcomes are worsening, suggesting a need to challenge the dualistic preservation/production land categorisations. In freshwater and marine management, a mix of collaborative and market-based responses has emerged, although their efficacy remains untested. A reliance on voluntary approaches by business makes critical assessment of progress difficult. Thus, despite strong progress in some areas, the adaptiveness of environmental management remains limited, and many indicators suggest continuing decline in environmental condition. Our responses have been largely pacifying in nature, leading to perverse outcomes and failure to acknowledge alternatives that might address deteriorating environmental conditions. A shift is needed towards deliberative policy experimentation that truly values the application of novel and diversified approaches and facilitates integrated learning across environmental domains.