Negotiating and creating intercultural relations: Chinese immigrant children in New Zealand early childhood education centres

A multiple-case study investigation of the experiences of eight Chinese immigrant children in New Zealand early childhood centres suggested that the immigrant children’s learning experiences in their first centre can be understood as a process of negotiating and creating intercultural relations. The children’s use of family cultural tools, such as the Chinese language, was a distinctive feature of their learning experiences, simultaneously revealing and extending their exploration of the intercultural practices and their establishment of a sense of belonging. In the presence of Chinese-speaking peers who acted as ‘bridges’ and ‘boundary objects’, the Chinese language was actively used by the immigrant children in English-speaking early childhood centres and, as a result, they created intercultural relations which: (i) bridged the two cultures; (ii) brought the cultures into convergence; (iii) enabled the children to claim group identity; and (iv) battled intercultural constraints. The absence of Chinese speakers, on the other hand, constrained possibilities for intercultural relations. The focus on intercultural relations in this study is expected to lead to educational initiatives to support the incorporation of diverse cultures in early childhood services.

But for the barriers: significant extensions to children's capacity

This article focuses on children’s capacity to exercise legal rights. It is argued that, undisturbed by the High Court’s subsequent decision, the Family Court in B & B & Minister for Immigration and Multicultural & Indigenous Affairs [2003] Fam CA has found that a child’s capacity is qualified only by contingent factors. This represents a significant development of the prevailing Gillick approach for the determination of the competence of children and young people. Where the Gillick approach requires a positive inquiry as to whether the actual maturity level of an
individual child or young person is adequate relative to the question at issue, the new approach focuses on barriers to justice encountered by the child. At least in relation to some matters, capacity is presupposed.