C4 Risk Management Group Ltd

CULTURAL
AWARENESS &
HUMAN RIGHTS
Unit Standard 1304
Cultural Awareness & Human Rights

Introduction

This study guide is designed to prepare you for assessment against NZQA unit
standard 1304 Communicate with people from other cultures. This Unit Standard
is a compulsory requirement of the National Certificate in Security Level 2, 3 and
4.

It is knowledge based module and can be achieved by completing the attached

distance learning modules mentioned below.

Alternatively you can attend one of the class sessions which are offered to your
company.

Trainer/Assessor

Your trainer and assessor will issue you this module and give a time frame for it to
be completed by.

If you have any questions you can contact your assessor at any time. Once you
have completed this module your assessor will discuss this it with you to ensure
your knowledge is sufficient to pass assessment.

Recommended Study Technique

1. Browse or read through this workbook to get the general idea of what it is
about.
2. Study each section
3. Complete the Assessment form at the end of this module and hand the
entire workbook to your assessor for marking.
4. The completed workbook will be returned to you for your records.

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CULTURAL AWARENESS & HUMAN RIGHTS

Multicultural New Zealand

For much of New Zealand’s recent history we enjoyed a predominantly bicultural

perspective. Apart from a considerable number of Dutch in the 1950’s immigrants
primarily arrived from Britain and Ireland.

With financial assistance packages for British immigrants effectively ended in the
1970’s and a change of attitude to include a more ethnically diverse range of
immigrants New Zealand started to become a multicultural country.

A slow trickle of Polynesian immigrants increased to a significant level through the

late 1970’s and into the 1980’s. From mid 1980’s New Zealand started to accept
significant numbers of immigrants from Asia and in 1990’s saw families from
Africa and the Middle East settling in New Zealand.

The proportion of white European New Zealanders and Maori to immigrants had
significantly changed over a period of only 30 years.

As we work our way into the 21st century New Zealand is a true multicultural
society.

Along with benefits of multiculturalism come issues and problems. A number of

these problems go as far as requiring legislative solutions such as those in The
Human Rights Act and reflected in The Crimes Act 1960 and other acts.

Culture & Diversity

There are many ways of defining culture. It incorporates the beliefs, attitudes,
values, behavior and practice of a group of people.

Of course within a multicultural society there are many racial or ethnic sub
cultures. Culture can also be potentially based on religion, gender, sexual identity,

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and political persuasion to name a few. Culture can also be based on age or even
sport. Organisations and the work place have been said to have a culture.

The diversity of New Zealand society can be seen in the following information
from the 2001 census presented on the Statistics New Zealand website
(www.stats.govt.nz)

Increasing ethnic diversity 

 The census counted more people of Asian ethnicity than Pacific peoples
ethnicity.
 Almost 240,000 or 1 in 15 people were of Asian ethnicity.
 Counts of people of Asian ethnicity have more than doubled between 1991
and 2001.
 There were 231,801 people of Pacific peoples ethnicity.
 The count of people of European ethnicity has declined from 83 percent of
the total in the 1991 Census to 80 percent in 2001.
 1 in 7 people (526,281) are of Mäori ethnicity.
 Two-thirds of people of Asian ethnicity live in the Auckland region and 1 in
8 live in the Wellington region.
 Two-thirds of the people of Pacific peoples ethnicity live in the Auckland
region.
 In the Auckland region, 1 in 8 people are of Asian ethnicity, 1 in 8 of Pacific
peoples ethnicity and 1 in 10 of Mäori ethnicity.
 Nearly 9 out of 20 people in the Gisborne region are of Mäori ethnicity.
 The fastest growing of the top 50 ethnic groups in 2001 were: 

 Country of birth Increase form 1996 Percentage

increase from 1996
China 19,431 100
South Africa 14,727 130
India 8,082 63

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 Fiji 6,951 37
Korea 5,751 47
More people born overseas
 Almost 1 in 5 New Zealand residents were born overseas compared with 1 in 6 in
1991 and 1 in 3 in 1901.

 In the Auckland region, 1 in 3 people were born overseas.

 In the Auckland region, 1 in 9 people were born in Asia.
 Almost three-quarters of people born in the Pacific Islands and two-thirds
of those born in Asia live in Auckland.
 Almost 1 in 4 people in the Wellington region were born overseas, while
fewer than 1 in 15 people in the Southland region were born overseas.
 The main countries of overseas birthplace were: 

o England 178,203
o Australia 56,259
o Samoa 47,118
o China 38,949
o Scotland 28,680
 While the number of New Zealand residents born in Europe has shown a
small decline since 1996, there have been large increases from Africa, the
Middle East and Asia.

More multilingual people  

 The number of multilingual people increased by 20 percent from the 1996

Census to 562,113 or nearly 1 in 6.
 English is the predominant language spoken.
 Excluding children under 5 years, 1 in 50 people do not speak English.
 The languages most widely spoken after English were: 
o Maori – 160,527 o Cantonese – 37,143
o Samoan – 81,036 o German – 33,981
o French – 49,722

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 o o

Increase in non-Christian religions 

 Over two million people are Christian.

 The main Christian denominations are Anglican (584,793 or 17 percent of
people), Catholic (486,012 or 14 percent) and the Presbyterian group
(417,453 or 11 percent).
 The number of Catholics increased by 12,900 between 1996 and 2001,
while the number of Anglicans (-46,971) along with the Presbyterian group
(-38,895) decreased.
 The count of Anglicans exceeded that of the other denominations in all
regions except Auckland (where Catholics were largest) and Otago and
Southland (where the Presbyterian group was the largest).
 The main denominations in the 1901 Census were Church of England (41
percent of people), Presbyterian (23 percent), Catholic (14 percent), and
Methodist (11 percent).
 At the 1901 Census only 1 in 30 people did not give a religious affiliation.
 Almost 4 out of 10 people did not specify a religious affiliation in the 2001
Census.
 There has been an increase in people whose religion is non-Christian

Other interesting statistics

 The Gisborne region has the highest proportion of those aged under 15
years with more than 1 in 4.
 There was an increase of 26 percent in the number of people aged 85 years
and over between 1996 and 2001. 
 There are still more females than males
 The West Coast is the only region where the count of males exceeds the
count of females. 

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Racism

One issue in society that occurs in a multicultural society is racism. It is often

simply defined as prejudice or discrimination based on a persons race.

Do we have racist issues in New Zealand?

Governor-General Dame Silvia Cartwright said in a speech prepared for Waitangi

day that “New Zealand has to eliminate racism if it is to flourish and remain a
good world citizen, and that “all traditions and cultures must be examined
regularly to ensure they were inclusive” (www.thepress.co.nz 07/02/05)

This statement indicates that racism certainly is a problem in New Zealand. This
problem may stem from either historical occurrences or the more recent
immigration policies determined by Government.

As Kiwis we are very aware of the history of the relationship between Maori and
Europeans. The 506 day land occupation of Bastion Point in Auckland in 1978 by
over 500 Maori protestors and the subsequent police operation to remove them
led the way for significant changes in attitudes, legislation and understanding
Treaty Law.

The so called ‘Dawn Raids’ on Pacific Island over-stayers in 1976 resulted in many
New Zealanders becoming seriously concerned about Government policies and
practices. Many European kiwis staged protest action against the Government to
express their views.

It was also around this time that the assistance schemes encouraging targeting
British citizens ended in favour of non racial or ethnic policies.

Issues of Racism can also occur because of international events.

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In 2005 in response to the London terrorist bombings an 18 year old South African
was arrested for intentionally damaging a number of mosques in Auckland. The
mosques had windows broken and walls defaced with graffiti.

At the time the youth was a member of The National Front, an organisation
opposed to multiculturalism, however the organisation said they were not
involved in the attacks.

Hate Crimes

The extreme side of racism shows itself in the guise of violence and harm
committed against people or property due to their race, gender or sexual
orientation, amongst others.

Hate crimes can take the form of physical assault, bullying, property damage,
harassment, abuse or with letters.

In 2004 after the New Zealand Government imposed diplomatic sanctions on

Israel over the Israeli spy/passport incident Nazi slogans and swastikas were cut
into the ground around Jewish graves in Wellington.

A second attack involved the smashing of 80 headstones and the arson attack on a
prayer house at a separate cemetery.

In 2004 a Wanganui man was charged with attacking eight Somali teenagers. He
was part of a skinhead group which started taunting the teenagers with racist
comments.

In 2006 the Presbyterian church was inundated by hundreds of gay hate letters
sent through the mail. The offence coincided with preparations by the church to
decide on the exclusion of homosexual ministers.

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In 2007 a 51 year old Upper Hutt man was rested and charged with sending hate
mail to a member of Wellingtons Muslim community. He was charged with
criminal harassment for sending at least 30 letters since 2001. The letters
contained anti-muslim comments, offensive cartoons and some contained pieces
of pork or ham.

He had picked out names from the local telephone directory, none of whom were
known to him. The court was told that the man was angry over the September 11
attacks on the United States and the terrorist bombing of the night club in Bali,
Indonesia.

The Human Rights Commission

Issues of racism and hate crimes are dealt with under the criminal law, however
these laws are the reflection of principles stated in The Human Rights Act 1993.
The Human Rights Commission was set up to promote human rights in New
Zealand. The following two fact sheets provide information on the Act and Racial
Harassment. For more information you can go to the Commissions website at
www.hrc.co.nz

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Human Rights Commission: Fact Sheet 01

The Human Rights Commission promotes respect for and observance of human
rights in New Zealand. The Commission does this through education and
information. The Commission also helps people to resolve complaints of unlawful
discrimination.

The Human Rights Act 1993

The Human Rights Commission is an independent Crown entity with a wide range
of functions under the Human Rights Act 1993 (the Act). The Commission’s major
functions are:

 To advocate and promote respect for, and an understanding and appreciation

of, human rights in New Zealand society;
 To encourage the maintenance and development of harmonious relations
between individuals and among the diverse groups in New Zealand society;
 To lead, monitor and advise on equal employment opportunities, and
 To receive complaints of unlawful discrimination.

If you believe you have been unlawfully discriminated against, you can ask the
Commission for assistance.

The Commission achieves these functions through a range of means including:

 Education about human rights
 Providing human rights information and resources
 Inquiring into and reporting on human rights matters
 Offering dispute resolution services for complaints of unlawful discrimination.
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What is unlawful discrimination?

Unlawful discrimination occurs when a person is treated less favourably than

another person in the same, or similar, circumstances. Discrimination may be
unlawful if it is based on one or more of the following grounds:

 Sex, which includes pregnancy  Disability

 Marital Status, which includes  Age
being in a civil union
 Religious belief  Political opinion
 Ethical belief  Employment status
 Colour  Family status
 Race  Sexual orientation
 Ethnic or national origins

These grounds apply to a person’s past, present or assumed circumstances. For

example: it is unlawful to discriminate against someone because they have a
mental illness, had a mental illness in the past, or are incorrectly assumed to have
a mental illness.
Our Vision…”As the foundation for a fair, safe and just society New Zealanders
know their rights, acknowledge their responsibilities and respect the rights of
other”

Indirect discrimination

Indirect discrimination occurs when an action or policy that appears to treat

everyone the same way, actually has a discriminatory effect on a person or group
of people because of a characteristic of that person or group that is covered by
the grounds of discrimination in the Act.

For example: a job which specified a minimum height requirement is more likely to
discriminate against women than men and thus amount to indirect discrimination
by reason of sex.

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The same grounds of discrimination apply to both direct and indirect
discrimination.
The Act says that if there is a good reason for the act or policy then the act or
policy will not be unlawful.

When are people protected?

People are protected from unlawful discrimination in certain areas of life. These
are:
 Government or public sector activities
 Employment
 Access to education
 Access to public places, vehicles and facilities
 Provision of goods and services
 Provision of land, housing and accommodation
 Industrial and professional associations, qualifying bodies and vocational
training bodies
 Partnerships.

The Act also has special provisions that apply to discriminatory laws.

Exceptions

The Act contains a number of exceptions to the grounds and areas of unlawful
discrimination. Major exceptions include:

 Government or public sector activities that are reasonable, lawful and

demonstrably justifiable in a free and democratic society
 Affirmative action schemes based on genuine need
 Provision of insurance based on statistical data or medical opinion.

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There are other exceptions to the Act which vary according to the situation. For
further information contact the Human Rights Commission’s InfoLine.

Sexual Harassment is:

 A request for sexual activity, together with an implied or overt promise of

preferential treatment or threat of detrimental treatment; or
 Physical behaviour, language or visual material of a sexual nature which is
unwelcome or offensive and either repeated or significant enough to have a
detrimental effect on the person subjected to it.

For further information see fact sheet no.8 on “Sexual Harassment”.

Racial Harassment is:

 Language, visual material or behaviour which is racist, hurtful or offensive

to a person subjected to it, and either repeated or significant enough to have a
detrimental effect on the person subjected to it.

For further information see fact sheet no.9 on “Racial Harassment”.

Exciting Racial Disharmony is:

 Distributing material that is, or using words that are, threatening, abusive
or insulting and are likely to provoke hostility and contempt towards people
because of their race, colour or ethnic or national origins.

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What is the process for dealing with disputes?

The complainant provides the Commission with details of the dispute. If required,
a mediator assists. If the Commission decides to mediate the dispute, a mediator
contacts the parties involved in the dispute – the complainant and the person or
people complained about.

If the dispute concerns the Government, the public sector or a law, the Attorney-
General must be notified.

Commission staff work with the parties to try to settle the dispute. This may
involve providing information, round-table meetings, meeting people on a one-to-
one basis, or mediating by way of phone, email, fax or letter.

Settlements can include:

 An apology
 An agreement not to discriminate in the future
 Compensation.

It is important to note that the dispute resolution process is private and
confidential and that any person involved in the process is protected from
victimisation. Victimisation means being treated unfairly because you have
exercised your rights under the Act or have given information to the Commission.

For further information see fact sheet no.12 on “Victimisation”.

If the dispute is not resolved, the complainant may go to the Office of the Director
of Human Rights Proceedings. The Director will then decide whether or not to
represent the complainant before the Human Rights Review Tribunal. If the
Director decides not to take the matter to the Tribunal, a complainant can take
the case to the Tribunal at their own cost.
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The Tribunal hears the dispute from the beginning and makes a decision. If the
decision is in the complainant’s favour, the Tribunal can award damages and
order other remedies. The Human Rights Review Tribunal has the power of a
court and its decisions are legally binding.

For further information see fact sheet no.2 “What is the Process for Dealing with
Disputes?”

Discriminatory laws

Laws cannot generally be overturned because they contradict the Act. However, if
the Human Rights Review Tribunal or a Court decides a law is inconsistent with
the Act a “declaration of inconsistency” can be issued. The Minister responsible
for the law must report the declaration and what the Government intends to do
about it to Parliament. Other remedies such as compensation are not available in
disputes about laws.

For further information see fact sheet no.6 on “Discriminatory Laws”.

Disclaimer

While we have tried to make this educational information as accurate as possible,

it is not exhaustive and should not be regarded as legal advice. Please contact a
lawyer for specific legal advice. You are also welcome to phone the Commission
for further advice.

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Human Rights Commission: Fact Sheet 09

Racial Harassment

Racial harassment is behaviour that is racist, hurtful or

offensive and is either repeated or serious enough to have a
detrimental effect on a person.

Racial harassment is unlawful when it occurs in any of the following areas of life:
 Government or public sector activities
 Employment
 Partnerships
 Industrial and professional associations, qualifying bodies and vocational
training bodies
 Access to public places, vehicles and facilities
 Access to goods and services
 Access to land, housing and accommodation
 Access to education.

Examples of racial harassment

The Human Rights Act 1993 (the Act) defines racial harassment as behaviour that
is uninvited and humiliates, offends or intimidates someone because of their race,
colour, or ethnic or national origin. It can involve spoken, written or visual
material or a physical act. Usually the behaviour has to be repeated, but there will
be occasions where the behaviour has such a detrimental effect on a person that
it will be considered unlawful. However, a one-off minor comment is unlikely to
be harassment.

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Racial harassment may include:

 Making offensive remarks about a person’s race

 Mimicking the way a person speaks – i.e. if they have an accent
 Making jokes about a person’s race
 Calling people by racist names
 Deliberately pronouncing people’s names wrongly.

Racial harassment may be unintentional. The person who engages in the offensive
conduct may be unaware of the effect of their actions but they can still be held
responsible. What is important is how the behaviour affects the person at whom
it is directed.

Racial harassment is serious

Racial harassment should always be taken seriously because:

 People don’t have to put up with racist behaviour they don’t like
 Racial harassment is often repeated unless action is taken
 Racial harassment may affect people’s ability to work, study, or access services,
or to feel comfortable in their home, school, tertiary institution or workplace
 Racial harassment can lower self-esteem and cause health problems
 Racial harassment can cause major disruption to a workplace
 Employers may be liable for harassment by their employees, or of their
employees by their clients, if they do not undertake sufficient steps to prevent
harassment occurring.

What you can do if you are being harassed

 Keep a record of the incidents that you find offensive.

 Talk it over with someone you trust and who will keep the information
confidential. This may help clarify your best course of action.

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 Confront the person who is harassing you and tell them that you don’t like their
behaviour. Tell them that you do not like what they are doing and that it is
unlawful. Tell them you want them to stop - otherwise you will complain. You
can do this in person, in a letter, or with a union or other representative.
 Don’t confront the alleged harasser if you don’t want to. Only do so if you feel
confident and safe.

If this doesn’t work, or is inappropriate, you can seek advice and assistance from:

 A racial harassment contact person

 A manager or school counsellor
 The Human Rights Commission
 Your union representative or a lawyer
 A professional disciplinary body
 The Employment Relations Service (if you have been harassed at work).

You can then decide whether you want to make a complaint. If you do complain,
the situation should be dealt with and the harassment stopped.

For information on the Commission’s dispute resolution process see fact sheet
no.2 “What is the Process for Dealing with Disputes?”

Victimisation

The Act protects people from victimisation. Victimisation means being treated
badly because you have exercised your rights under the Act (e.g. by contacting
the Commission about a case of harassment) or because you have been involved
in a dispute.

For further information see fact sheet no.12 on “Victimisation”.

Disclaimer:

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Communicating with people from other cultures

Everyone of us on an almost daily basis communicates with someone from a

culture other than our own. For the purpose of this section of the module we will
simply relate to ethnic cultural communicating.

Our cultural awareness levels differ from person to person and are often dictated
by our up bringing, work and travel experiences. At times our lack of
understanding is a barrier to effective communication.

We can do a lot to improve our awareness of other cultures by reading and

researching. Check out the resource section at the end of the manual for internet
and library resources available to you.

Barriers to Communicating with people from other cultures

Normally we have no problem communicating with people within our own

culture. Some times we perceive there is a problem when often there isn’t. Some
people even create problems such as when we speak loudly to people who are
hearing impaired and trying to lip read.

We can sort barriers into two distinct areas: verbal and non-verbal

Verbal barriers can include:

 Language
 Poor vocabulary choice
 Jargon, slang
 Colloquial expressions
 Usage of offensive words
 Speaking too fast
 Speaking quietly (Sometimes as a mark of respect)
 Voice modulation (i.e raising voice for questions)

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 Not speaking clearly – mumbling, stuttering

Non Verbal Barriers can include:

 Body language
 Misinterpretation of gestures
 Eye contact
 Intrusion into personal space
 Physical contact
 Differing values or beliefs
o Wearing shoes inside
o Physical contact
o Sitting on a bench

Techniques to enhance effective communication

 Speak clearly
 Speak at an appropriate pace
 Choose words that are at an appropriate level
 Use active listening techniques
 Show respect to the person and their culture
 Watch your/their personal space
 Ensure you interpret gestures correctly
 Be concise and precise
 Don’t use jargon, slang, profanities

Greetings

A good start is to effective communication with someone from a different culture

is to greet someone in their language. It is often a very simple word, much like
ours…”Hello”

Hindi – Namaste

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Chinese – Ni hao

French – Bonjour

Spanish – Hola

Russian – Privet!

Japanese – Konnichiwa

Mongolian - Sain baina uu

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Assessment: Cultural Awareness and Human Rights: Unit Standard 1304

Name:…………………………………………………………………………………………

1. Identify the culture you and your colleagues identify with.

…………………………………………………………………………………………………
…………………………………………………………………………………………………

2. Identify at least 4 verbal barriers to communicating with people from different

cultures.

…………………………………………………………………………………………………
…………………………………………………………………………………………………

3. Identify at least 4 non-verbal barriers to communicating with people from

different cultures.

…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………

4. What techniques would you consider when trying to communicate with

someone from a different culture?

…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………

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