- This is a missed opportunity to implement generational change. The Maori electorate remains young (the media age for the Maori population is 23 compared with 37 for the NZ population as a whole) and the Maori Party should move to reflect this.
- Sharples is a product of the Maori renaissance of the 70s, 80s and 90s. He embodies the ideas and ideals of that (fading) political period. Flavell, on the other hand, is a clean break from the period and a better representation of Maori post-foreshore and seabed.
- Having said that, as far as reaching across the racial and political divide goes, Sharples is the most effective Maori Party MP. But at some point Te Ururoa will have to become the party leader. With that in mind Sharples should step aside to give Te Ururoa time to bed in before the election.
- From an operational point of view it makes sense to have Te Ururoa deal with party issues while Turia and Sharples deal with ministerial issues. Flavell needs sustained political coverage if he is to hold his seat against Annette Sykes.
- Given his service to the party and Maori, Sharples deserves to stand down on his own terms. However, that doesn't mean he should have an indefinite lease on the leadership.
- This episode speaks to deep dysfunction in the party. One co-leaders calls for the other to step down, that co-leader refuses while the leader of preference refuses to, or is forbidden from, fronting on the issue.
- Thoughts?
Jan 18, 2013
Sharples vs Flavell: the leadership edition
Some comments on Pita Sharples confirming that he will contest the 2014 election - as co-leader.
Jan 10, 2013
The best of 2012, Maori need not apply and Rangatahi Courts
A few thoughts:
The best (and worst) of 2012
I know I’m late to it, but here are my picks
Best Maori MP: Louisa Wall – for services to equality and old school lobbying.
Best Maori Minister: Paula Bennett – a competent manager, good communicator and is overseeing some innovative programmes.
Best Maori electorate MP: Parekura Horomia – for what he lacks on the national stage, he makes up for on the ground. His majority (the largest in the Maori electorates) wasn’t a mistake.
Most improved: Te Ururoa Flavell – after a shocking 2011 and despite a fail on education in 2012, Flavell has made up ground with his strong support for Tuhoe, competent debate performances and electorate work.
Most consistent: Metiria Turei – points for tireless advocacy for Maori, women and beneficiaries. Always takes a consistent and articulate line. Stand out performer in the Native Affairs debates.
Must do better: Pita Sharples – boxed in to a corner over cuts at TPK, the section 9 controversy and dismantling the Maori Policy Unit at MFAT. Choice: improve in 2013 or make way for Flavell and retire in 2014.
Could have been better: Shane Jones – said to the point of redundancy, but the man has potential. Skilled communicator and an intellect, but he has a blindspot for consequences.
Non-Maori need not apply
Best Maori MP: Louisa Wall – for services to equality and old school lobbying.
Best Maori Minister: Paula Bennett – a competent manager, good communicator and is overseeing some innovative programmes.
Best Maori electorate MP: Parekura Horomia – for what he lacks on the national stage, he makes up for on the ground. His majority (the largest in the Maori electorates) wasn’t a mistake.
Most improved: Te Ururoa Flavell – after a shocking 2011 and despite a fail on education in 2012, Flavell has made up ground with his strong support for Tuhoe, competent debate performances and electorate work.
Most consistent: Metiria Turei – points for tireless advocacy for Maori, women and beneficiaries. Always takes a consistent and articulate line. Stand out performer in the Native Affairs debates.
Must do better: Pita Sharples – boxed in to a corner over cuts at TPK, the section 9 controversy and dismantling the Maori Policy Unit at MFAT. Choice: improve in 2013 or make way for Flavell and retire in 2014.
Could have been better: Shane Jones – said to the point of redundancy, but the man has potential. Skilled communicator and an intellect, but he has a blindspot for consequences.
Non-Maori need not apply
RNZ reports:
The best person should get the job. More often the not, the best candidate is going to be someone from Ngati Porou. An ideal candidate will have knowledge of the iwi, their tikanga, language and so on. However, having the wrong whakapapa should not be a barrier. Insular recruitment practices are, in my opinion, holding iwi back. The Maori business, management and public service communities are small and can be difficult to source talent from.
Te Aitanga a Hauiti claim the tribe is considering hiring candidates who are not Maori and not from Ngati Porou.
In protest, the people representing the marae have pulled their support for the annual Pa Wars - a major sports event that's due to be held on the third of January in Tolaga Bay.
The best person should get the job. More often the not, the best candidate is going to be someone from Ngati Porou. An ideal candidate will have knowledge of the iwi, their tikanga, language and so on. However, having the wrong whakapapa should not be a barrier. Insular recruitment practices are, in my opinion, holding iwi back. The Maori business, management and public service communities are small and can be difficult to source talent from.
Rangatahi Courts
RNZ reports that the first report on Maori Youth Courts has been released and the findings are positive. I’m not surprised. In my experience, young Maori often express a sense of pride and belonging in their membership of a gang, criminal clique or troubled social group. One of the best mechanisms to combat this is to replace that pride and belonging to a gang, criminal clique or troubled social group with a sense of pride in their taha Maori and a sense of belonging to their iwi and hapu. Judge Andrew Beacroft, former Chief Judge of the Youth Court, highlights that the most effective programmes for Maori offenders take a holistic approach (incorporate tikanga, whanau and the like), enhance pride in the offenders’ taha Maori and whakapapa and are tailored to the individual. Maori Youth Courts, for the most part, do this.
PS: it was pointed out in the comments that Pita Sharples ("must do better") started running Rangatahi Courts out of Hoani Waititi Marae back in the day.
RNZ reports that the first report on Maori Youth Courts has been released and the findings are positive. I’m not surprised. In my experience, young Maori often express a sense of pride and belonging in their membership of a gang, criminal clique or troubled social group. One of the best mechanisms to combat this is to replace that pride and belonging to a gang, criminal clique or troubled social group with a sense of pride in their taha Maori and a sense of belonging to their iwi and hapu. Judge Andrew Beacroft, former Chief Judge of the Youth Court, highlights that the most effective programmes for Maori offenders take a holistic approach (incorporate tikanga, whanau and the like), enhance pride in the offenders’ taha Maori and whakapapa and are tailored to the individual. Maori Youth Courts, for the most part, do this.
PS: it was pointed out in the comments that Pita Sharples ("must do better") started running Rangatahi Courts out of Hoani Waititi Marae back in the day.
Jan 9, 2013
Idle No More: missing the point and lessons from New Zealand
Perspective projection distortion is the misrepresentation of a three-dimensional space when drawn or projected onto a two-dimensional surface. In photography and cinematography, perspective distortion is where an object and its surroundings differ from what they would otherwise look like with a normal focal length. Sometimes, the same principles apply in politics and society. Distance and detachment alter perspectives.
As a non-Canadian, I’m suspicious of and slightly confused with the Canadian media’s portrayal of Idle No More. More often than not, the media have ignored or misunderstood the movement. The Walrus, largely considered one of Canada’s leading current affairs magazines, is silent on the issue. The Toronto Sun appears uninterested in the movement itself, instead focussing on Chief Spence, reporting protests and discussing political consequences for Prime Minister Stephen Harper. The Financial Post is scathing, shoving the blame on “native leaders” and their “resistance… to changes”.
Now, I’m in no position to argue against the Canadian media’s understanding of their politics and society, but I do think that they’re missing the real issues. Idle No More isn’t about hunger strikes, mismanagement on reserves or politicking: the movement is about respect for and recognition of First Nations’ sovereignty.
Calls for indigenous sovereignty (and decolonisation) have been periodic. What sets Idle No More apart from previous events, like the Oka crisis, is that the movement is overt push back against the Harper government’s assimilation plans. Dr Pamela Palmater, an indigenous scholar, claims that the government intends to assimilate First Nations’ people “We always knew action would be required at some point, but the legislation posed an imminent threat and required immediate mobilisation. That is how a movement was born”.
The government’s assimilation plans are not, however, confined to one or two pieces of legislation. Several bills, including two omnibus bills, will legislate against or undermine indigenous values and several policy measures will come into force. For example, First Nations regional and national political organisations will have their funding cut and capped making it harder for them to advocate on behalf of indigenous people.
The First Nations’ Strategic Bulletin says that the bills intend to end “First Nations pre-existing sovereign status through federal coercion of First Nations into Land Claims and Self-Government Final Agreements that convert First Nations into municipalities, their reserves into fee simple lands and extinguishment of their Inherent, Aboriginal and Treaty Rights”. The Harper government dubbed this approach a “modern legislative framework” which is code for “white man’s values”. For example, the First Nations’ Private Ownership Act will introduce private property ownership in reserves. With the imposition of western notions of property, collective ownership and aboriginal title are undermined.
Assimilation plans first emerged, at least prominently, in 1969 with the release of a white paper. The paper proposed a five year timetable, but the Trudeau government was, in 1970, forced to back down against fierce opposition. However, it is suspected that the timetable wasn’t dumped, but extended. In 1985 Cabinet documents were leaked to the media detailing the conservative government’s assimilation plans. However, in 1990 the plans were derailed thanks to the Oka crisis, increased awareness of indigenous issues and favourable decisions from the Courts. The perception is, rightly or wrongly, that the Harper government intends to continue the assimilation programme.
It’s with these concerns in mind that Idle No More has grown and calls for indigenous sovereignty have been sustained and intense. These are deep issues that play in to questions about the innate character of colonial governments (are they always imperialist?), the struggle for tino rangatiratanga (self-determination) and effectiveness of movement politics. Questions, I think, that many Canadians haven’t grappled with. Questions where the Maori experience may be instructive too.
The success of the Maori protest movement was, in many ways, a result of the political turbulence it created. Sustained action across the 70s, 80s and (to a lesser extent) the 90s helped reveal the oppressive and dishonest foundations on which the New Zealand state was built. The movement deployed a variety of political/protest strategies, involved a cross-section of Maori society and forged alliances with other sections of society, for example unions (It also helped that Maori had a political power base in the Maori seats and a long standing relationship with the Labour Party). From this, the Idle No More movement can take that a successful movement must be sustained (decades long if need be), diverse (in people and strategy) and connected to other power structures in society (unions, universities, political organisations etc). For the most part, these elements are already present. So, with distance and detachment from the issue, I remain optimistic of its success.
As a non-Canadian, I’m suspicious of and slightly confused with the Canadian media’s portrayal of Idle No More. More often than not, the media have ignored or misunderstood the movement. The Walrus, largely considered one of Canada’s leading current affairs magazines, is silent on the issue. The Toronto Sun appears uninterested in the movement itself, instead focussing on Chief Spence, reporting protests and discussing political consequences for Prime Minister Stephen Harper. The Financial Post is scathing, shoving the blame on “native leaders” and their “resistance… to changes”.
Now, I’m in no position to argue against the Canadian media’s understanding of their politics and society, but I do think that they’re missing the real issues. Idle No More isn’t about hunger strikes, mismanagement on reserves or politicking: the movement is about respect for and recognition of First Nations’ sovereignty.
Calls for indigenous sovereignty (and decolonisation) have been periodic. What sets Idle No More apart from previous events, like the Oka crisis, is that the movement is overt push back against the Harper government’s assimilation plans. Dr Pamela Palmater, an indigenous scholar, claims that the government intends to assimilate First Nations’ people “We always knew action would be required at some point, but the legislation posed an imminent threat and required immediate mobilisation. That is how a movement was born”.
The government’s assimilation plans are not, however, confined to one or two pieces of legislation. Several bills, including two omnibus bills, will legislate against or undermine indigenous values and several policy measures will come into force. For example, First Nations regional and national political organisations will have their funding cut and capped making it harder for them to advocate on behalf of indigenous people.
The First Nations’ Strategic Bulletin says that the bills intend to end “First Nations pre-existing sovereign status through federal coercion of First Nations into Land Claims and Self-Government Final Agreements that convert First Nations into municipalities, their reserves into fee simple lands and extinguishment of their Inherent, Aboriginal and Treaty Rights”. The Harper government dubbed this approach a “modern legislative framework” which is code for “white man’s values”. For example, the First Nations’ Private Ownership Act will introduce private property ownership in reserves. With the imposition of western notions of property, collective ownership and aboriginal title are undermined.
Assimilation plans first emerged, at least prominently, in 1969 with the release of a white paper. The paper proposed a five year timetable, but the Trudeau government was, in 1970, forced to back down against fierce opposition. However, it is suspected that the timetable wasn’t dumped, but extended. In 1985 Cabinet documents were leaked to the media detailing the conservative government’s assimilation plans. However, in 1990 the plans were derailed thanks to the Oka crisis, increased awareness of indigenous issues and favourable decisions from the Courts. The perception is, rightly or wrongly, that the Harper government intends to continue the assimilation programme.
It’s with these concerns in mind that Idle No More has grown and calls for indigenous sovereignty have been sustained and intense. These are deep issues that play in to questions about the innate character of colonial governments (are they always imperialist?), the struggle for tino rangatiratanga (self-determination) and effectiveness of movement politics. Questions, I think, that many Canadians haven’t grappled with. Questions where the Maori experience may be instructive too.
The success of the Maori protest movement was, in many ways, a result of the political turbulence it created. Sustained action across the 70s, 80s and (to a lesser extent) the 90s helped reveal the oppressive and dishonest foundations on which the New Zealand state was built. The movement deployed a variety of political/protest strategies, involved a cross-section of Maori society and forged alliances with other sections of society, for example unions (It also helped that Maori had a political power base in the Maori seats and a long standing relationship with the Labour Party). From this, the Idle No More movement can take that a successful movement must be sustained (decades long if need be), diverse (in people and strategy) and connected to other power structures in society (unions, universities, political organisations etc). For the most part, these elements are already present. So, with distance and detachment from the issue, I remain optimistic of its success.
Jan 8, 2013
Fisking the Herald
I like South Park. One of my favourite episodes is “Raising the Bar” where a caricature of James Cameron leads an undersea expedition to, literally, raise the bar. The episode is notable because the show went meta. After Cameron raises the bar from the bottom of the ocean and Michelle Obama beats the shit out of Cartman, Kyle states that maybe South Park is responsible for lowering the bar. It was a nice way for the show’s creators to acknowledge that maybe they’re part of the problem. On a similar note it would be nice for the writer of this editorial to acknowledge his or her part in lowering the standard of editorial writing and argument in New Zealand. Admittedly, the bar couldn’t be set much lower, but it’s comforting to know there is still room before the Herald, the Dom Post and New Zealand’s other dailies hit the ocean floor. Let’s start at the beginning:
The Prime Minister was never more wrong last year than when he declared the Government could ignore a recommendation of the Waitangi Tribunal.
In reality, the Prime Minister was perfectly correct. The Waitangi Tribunal is a permanent commission of inquiry rather than a Court. Therefore, the Tribunal’s recommendations don’t bind the Crown (with rare exceptions) or any other parties. In contrast, the Courts can make rulings that bind the parties involved. The Tribunal exercises little to no soft power either. More often than not the political consequences of ignoring the Tribunal are positive, think of the foreshore and seabed when the government ignored the Tribunal and won approval from many New Zealanders.
It needs to be remembered that the case is not about who owns water.
No, it’s not. However, later in the piece the writer says that “the recognition (iwi) sought (is) customary ownership of the water”. Make your mind up – “the case is not about who owns water” and the case is about “customary ownership of the water” are two mutually exclusive statements.
It (the case) is about whether the ownership of dams and power stations will make it harder for iwi to be compensated if they ever convince a government they own the water.
No. The issue centred on whether or not the transformation from an SOE to a MOM company would affect the Crown’s ability to provide rights redress and recognition and, as a result, breach either s9 of the SOE Act or s45Q of the Public Finance Amendment Act (the Treaty clauses). It was also at issue whether or not there was a sufficient nexus to justify the Courts intervening*. The ownership of dams and power stations isn’t at issue, it’s the MOM proposal and its effect on rights redress and recognition.
By putting the cart before the horse the case has forced the Crown to assume the water claim has succeeded and to argue that the Government would be able to require a private power company to pay a royalty or some other form of compensation.
No, the case isn’t concerned with private companies. The Crown will retain a majority shareholding in Mighty River Power. Crown Counsel argued that “the transfer and sale of shares does not affect relevant rights in that it does not impair the Crown’s ability to provide redress or rights recognition”. Private companies are irrelevant.
The "shares-plus" arrangement was immediately ruled out by the Government as contrary to commercial law and compromising the main purpose of asset sales: accountability to the share market.
Firstly, the idea of shares-plus was rejected because of perceived impracticalities. Secondly, asset sales had nothing to do with “accountability to the share market”. In the government's own words, asset sales will contribute to:
The Future Investment Fund to reinvest the proceeds of our partial share sales programme. We expect that selling a minority stake in these companies will return $5 billion to $7 billion to the Government. We’ll spend every dollar of this on more assets that New Zealanders need – such as schools and hospitals – without having to borrow more from offshore lenders to fund our infrastructure needs.
The Maori Council and co-claimants could not convince High Court judge Ronald Young that shares-plus had merit. He reasoned that since Mighty River Power did not own the water that it had been given a right to use, a shareholding in the company would not give the iwi the recognition they sought, customary ownership of the water.
Iwi were not looking for the Court to establish Maori customary ownership of water. At paragrapgh [52] onwards Justice Young sets out the remedies sought and they are 1) an injunction against the partial privatisation of Mighty River Power and 2) a declaration that the Court should take no further action.
Lord Cooke, author of the guiding judgment on the Treaty's application, said it required each party to act "reasonably and in good faith within their respective spheres". Assets that generate hydro or geothermal electricity are unquestionably in the government sphere.
That quote is misattributed. It was Richardson J who delivered this line and the writer misunderstands what is meant by “spheres”. The use of “spheres” does not mean there is a dividing line between things Maori and things British, or things owned and controlled by Maori and things owned and controlled by the Crown. I interpret the quote as meaning that Maori and the Crown will act reasonably and in good faith in their respective roles in the Treaty relationship. Maori will maintain “a duty of loyalty to the Queen, full acceptance of her Government through her responsible Ministers, and reasonable cooperation” and the Crown will maintain the duties of partnership, active protection, redress and so on.
*See paragraph [166] of the judgment.
Jan 7, 2013
#IdleNoMore
What’s Idle No More? Who is Chief Spence? Why is Stephen Harper tweeting about bacon and should we care?
Idle No More is an indigenous movement calling on the Canadian government to protect the environment, honour First Nations sovereignty and respect the “Nation to Nation” relationship. The movement appeared in response to Bill C-45, an omnibus bill that doesn't recognise aboriginal fishing rights and reduces environmental protection. The Bill, for example, alters the Navigable Waters Protection Act. The Act requires environmental assessment for 2.25 million rivers and 32,000 lakes. Under Bill C-45, environmental assessment will only apply to 62 rivers and 97 lakes. First Nations people were not consulted and believe that the changes reduce environmental protection. The movement also opposes a suite of other omnibus bills including the proposed First Nations Private Property Ownership Act and the First Nations Financial Transparency Act. The first act would allow private property ownership within Reserve boundaries*. The second act would impose standards on First Nations governments that far exceed standards for municipal, provincial and federal officials. For example, First Nation‐owned businesses (unlike non-First Nations' businesses) will be required to publicly report income and expenses. The proposed legislation is based on the racist assumption that First Nations’ officials are corrupt. But beyond the racist assumptions and unilateralism is a more sinister motive – the assimilation of First Nations people and the destruction of their culture. A 21st century way of continuing God’s work – well, Duncan Campbell Scott’s work - of eliminating the “Indian problem”.
Although these bills acted as the catalyst, the movement speaks to deeper themes: sustainability, the subjugation of indigenous values, laws and systems, a partnership between the Crown and First Nations that is only respected where it is expedient and… te tino rangatiratanga (self determination). These issues aren't peculiar to Canada, or New Zealand, or anywhere else. They’re part of a global story arising wherever Europe collided with indigenous cultures.
In many respects Canada was years ahead on indigenous rights. Much of the New Zealand case law on Maori rights is developed from reference to the Canadian authorities. In the Muriwhenua case** President Cooke made extensive reference to the Canadian cases and commented that the Canadian common law was, in respect of indigenous rights, “more advanced than our own”. However, Maori have pulled ahead of our First Nations tuakana (seniors). From 1840 onwards Maori have, generally speaking, maintained and exercised a greater degree of political power. As a political body, First Nations people are marginal players. Power in a capitalist democracy is contingent on several factors including numerical strenth and economic power. First Nations have neither, as a result their values, laws and systems have remained subordinate to the Queen in Right of Canada***.
However, Idle No More might represent a permanent shift in Canada’s power dynamics. Stephen Harper has bowed to pressure and agreed to meet with Chief Teresa Spence, an Aboriginal leader whose hunger strike helped inspire the movement, but being a classy Tory Harper first tweeted “mmm… Bacon” while Chief Spence was striking and stood by his flimsy claim that “Canada has no history of colonialism”. These actions have fed further domestic protests, including the disruption of key economic routes, and international solidarity is increasing. Importantly, the Idle No More movement is taking ques from the Occupy Movement, the successful Quebec Student Movement**** and utilising social media to organise near instantaneous demonstrations and spread information. The movement is also maintaining a level of intensity and coordination unfamiliar to Canadians and their government. The Ottawa Citizen compares the movement to an event in 1969:
It is important to remember that First Nations people were never conquered. The Crown derives its authority through the Treaties they signed with the First Nations people. Although each Treaty is different, the core promise is that a partnership exists between First Nations and the Crown and that the wealth of the land will be shared equally. Relations are conducted on a “Nation to Nation” basis. However, as in other Westminster democracies like New Zealand, the Crown only recognises its own sovereignty*****. First Nations are considered intra-nations with a lesser form of authority devolved from the sovereignty of the Crown. Its legal, political and cultural imperialism at its zenith.
The oppressive and discriminatory conduct of successive governments has meant that only one treaty partner has seen any wealth. While the minerals and other resources from traditional First Nations’ lands have been used to give Canadians one of the highest standards of living in the world, the indigenous people remain at the bottom of every indicator and the needle isn’t moving.
I remain optimistic about Idle No More and the First Nations’ struggle for tino rangatiratanga. Chief Spence’ hunger strike is, I think, somewhat symbolic of what has and will happen to the First Nations people. For every day that Chief Spence did not eat, she withered and weakened like her people have for the past three centuries, but after winning a dialogue with Harper, his government and the Governor-General, Chief Spence gains in strength and mana and so do her people.
Idle No More is an indigenous movement calling on the Canadian government to protect the environment, honour First Nations sovereignty and respect the “Nation to Nation” relationship. The movement appeared in response to Bill C-45, an omnibus bill that doesn't recognise aboriginal fishing rights and reduces environmental protection. The Bill, for example, alters the Navigable Waters Protection Act. The Act requires environmental assessment for 2.25 million rivers and 32,000 lakes. Under Bill C-45, environmental assessment will only apply to 62 rivers and 97 lakes. First Nations people were not consulted and believe that the changes reduce environmental protection. The movement also opposes a suite of other omnibus bills including the proposed First Nations Private Property Ownership Act and the First Nations Financial Transparency Act. The first act would allow private property ownership within Reserve boundaries*. The second act would impose standards on First Nations governments that far exceed standards for municipal, provincial and federal officials. For example, First Nation‐owned businesses (unlike non-First Nations' businesses) will be required to publicly report income and expenses. The proposed legislation is based on the racist assumption that First Nations’ officials are corrupt. But beyond the racist assumptions and unilateralism is a more sinister motive – the assimilation of First Nations people and the destruction of their culture. A 21st century way of continuing God’s work – well, Duncan Campbell Scott’s work - of eliminating the “Indian problem”.
Although these bills acted as the catalyst, the movement speaks to deeper themes: sustainability, the subjugation of indigenous values, laws and systems, a partnership between the Crown and First Nations that is only respected where it is expedient and… te tino rangatiratanga (self determination). These issues aren't peculiar to Canada, or New Zealand, or anywhere else. They’re part of a global story arising wherever Europe collided with indigenous cultures.
In many respects Canada was years ahead on indigenous rights. Much of the New Zealand case law on Maori rights is developed from reference to the Canadian authorities. In the Muriwhenua case** President Cooke made extensive reference to the Canadian cases and commented that the Canadian common law was, in respect of indigenous rights, “more advanced than our own”. However, Maori have pulled ahead of our First Nations tuakana (seniors). From 1840 onwards Maori have, generally speaking, maintained and exercised a greater degree of political power. As a political body, First Nations people are marginal players. Power in a capitalist democracy is contingent on several factors including numerical strenth and economic power. First Nations have neither, as a result their values, laws and systems have remained subordinate to the Queen in Right of Canada***.
However, Idle No More might represent a permanent shift in Canada’s power dynamics. Stephen Harper has bowed to pressure and agreed to meet with Chief Teresa Spence, an Aboriginal leader whose hunger strike helped inspire the movement, but being a classy Tory Harper first tweeted “mmm… Bacon” while Chief Spence was striking and stood by his flimsy claim that “Canada has no history of colonialism”. These actions have fed further domestic protests, including the disruption of key economic routes, and international solidarity is increasing. Importantly, the Idle No More movement is taking ques from the Occupy Movement, the successful Quebec Student Movement**** and utilising social media to organise near instantaneous demonstrations and spread information. The movement is also maintaining a level of intensity and coordination unfamiliar to Canadians and their government. The Ottawa Citizen compares the movement to an event in 1969:
1969 was the last time the federal government put forward an assimilation plan for First Nations. It was defeated then by fierce native opposition, and it looks like Harper’s aggressive legislative assimilation plan will be met with even fiercer resistance.
It is important to remember that First Nations people were never conquered. The Crown derives its authority through the Treaties they signed with the First Nations people. Although each Treaty is different, the core promise is that a partnership exists between First Nations and the Crown and that the wealth of the land will be shared equally. Relations are conducted on a “Nation to Nation” basis. However, as in other Westminster democracies like New Zealand, the Crown only recognises its own sovereignty*****. First Nations are considered intra-nations with a lesser form of authority devolved from the sovereignty of the Crown. Its legal, political and cultural imperialism at its zenith.
The oppressive and discriminatory conduct of successive governments has meant that only one treaty partner has seen any wealth. While the minerals and other resources from traditional First Nations’ lands have been used to give Canadians one of the highest standards of living in the world, the indigenous people remain at the bottom of every indicator and the needle isn’t moving.
I remain optimistic about Idle No More and the First Nations’ struggle for tino rangatiratanga. Chief Spence’ hunger strike is, I think, somewhat symbolic of what has and will happen to the First Nations people. For every day that Chief Spence did not eat, she withered and weakened like her people have for the past three centuries, but after winning a dialogue with Harper, his government and the Governor-General, Chief Spence gains in strength and mana and so do her people.
Post-script: Big ups to Te Wharepora Hou for their support of Idle No More and props to Te Karere and Te Kaea for covering the movement too. It is also important to note the role of women. Idle No More was created by four women and is led, in spirit, by Chief Spence, a female chief of huge mana. In New Zealand the strongest support has come from Maori women.
*Aboriginal property is held collectively, consistent with their values, legal system and the stated goals of many First Nations. The Act would also open land to non-Aboriginal buyers.
**See Te Runanga o Muriwhenua Inc v Attorney-General (1990)
***The Queen in Right of Canada is used to express the sovereignty of the Crown, or more simply the Parliament.
****The Quebec Student Movement involved thousands of students taking direct action to defeat proposed fee hikes.
*****See the orthodox doctrine of parliamentary sovereignty.
*Aboriginal property is held collectively, consistent with their values, legal system and the stated goals of many First Nations. The Act would also open land to non-Aboriginal buyers.
**See Te Runanga o Muriwhenua Inc v Attorney-General (1990)
***The Queen in Right of Canada is used to express the sovereignty of the Crown, or more simply the Parliament.
****The Quebec Student Movement involved thousands of students taking direct action to defeat proposed fee hikes.
*****See the orthodox doctrine of parliamentary sovereignty.
Dec 14, 2012
On Tariana Turia's retirement
A few comments on Tariana Turia’s decision to retire:
- Te Tai Hauauru isn't wide open - yet. Turia retains a loyal following and has, I think, the mana to anoint a successor. On the other hand, 2017 will be anyone's election. Unless Turia’s successor solidifies her base, boundary changes and a strong field might weaken the Maori Party hold on the seat. It’s worth remembering that their share of the party vote has declined from 31% in 2005 to 21% in 2011. Assuming that 2014 will be a four-way contest in the Maori seats (Lab v Green v Mana v Maori), the downward trend will continue.
- Rahui Katene now has an opening. Rahui is based in Porirua (one of the electorate’s major population areas) and has campaigning experience and an experienced campaign team. As much as Katene wants Te Tai Tonga, that electorate’s staying red for the foreseeable future. Katene will also fulfill the constitutional requirement that there be both a male and female leader.
- Turia’s legacy is not whanau ora. The program, in its current form, will not survive a change of government. Turia’s legacy is the Maori Party itself and the normalisation of kaupapa Maori politics. The Maori Party are not and never were a radical party. Their approach to governing, rather than looking to overthrow or remould the system, was to insert Maori into the governing and business classes. The party achieved that. The Iwi Leaders Group are now a power structure in NZ society, government has and is devolving some power to iwi (think Whanau Ora and Charter Schools) and the UN Declaration on the Rights of Indigenous People lends international recognition to tangata whenua.
- On the other hand, Maori unemployment is double the national rate, wages are stagnant, schools are not “demonstrating sufficient commitment to ensuring the progress and achievement of Māori students” and Maori spend $5b more than we earn. On the issues that matter to most Maori, the needle hasn't moved.
- Not to take anything away from Tariana Turia and her achievements. She deserves an enjoyable and prosperous retirement.
Dec 6, 2012
Citizen Tuheitia...
Should Kingi Tuheitia stand down? It’s a valid question, surely. In an attempt to apply further pressure on Tom Roa and the remaining members of Te Arataura, Tuheitia has released a second open letter claiming that “Waikato -Tainui is once more at the edge of an abyss.” Well, yes, but is Tuheitia the right person to pull the tribe back?
It’s worth remembering that the Kingitanga is not an expression of power or sovereignty. The movement is an expression of and tool for unity. Tuheitia, however, appears to treat his office as if it's a cheap imitation of the worst aspects European Royal Protocol. In 2011 the Herald reported that:
Guests are also encouraged to refer to Tuheitia as “your majesty”. Odd. I find it strange that royal protocols exist at all – Te Atairangikaahu did not keep a protocol guide. Hell, when she travelled the country she would stay at the homes of her friends and whanau. No hotels and chauffeurs, thank you very much. After all, the Kingitanga isn't about reverance and mana does not extend to those people with less having to act towards you with veneration.
Add to that a verbal incident that the Waikato Times reported in 2010. Apparently, in a meeting about Tania Martin and Te Kauhanganui, Tuheitia let rip against a kaumatua and Tame Iti’s sister. The King is reported to have asked the kaumatua whether he can “fucking read” and, when called on it, he told Iti if she doesn’t like it she can “fuck off”. Not the qualities you would expect of any leader, let alone the Maori King.
Waikato-Tainui members are also asking whether this is part of a continuing campaign for more power and money. In January this year Tuheitia first voiced his desire to “take control of the tribe’s parliament” and Chris Webster reports that the Office of the King has received millions in tribal funding from 2009. Earlier this year Tuheitia penned a plea in the tribal magazine for further funding. You have to ask whether the King's latest reach for power, read the first and the most recent open letters, are part of a pattern.
Another cause for worry is the King’s cartel of advisors. The King maintains a large office, in comparison to his mother at least, including Rangi Wallace who admitted to beating his step-daughter and her mother, Helen Kotua. Further to that, Wallace also owed $250,000 to IRD in 2011 and Kotua owed Baycorp over $3000. Kotua is the author of the protocols above.
It’s worth remembering that the Kingitanga is not an expression of power or sovereignty. The movement is an expression of and tool for unity. Tuheitia, however, appears to treat his office as if it's a cheap imitation of the worst aspects European Royal Protocol. In 2011 the Herald reported that:
Guests are encouraged to lead conversation, although it should be kept to only two subjects, and people should ask only polite questions, keeping the whole encounter to one or two minutes maximum.
Guests are also encouraged to refer to Tuheitia as “your majesty”. Odd. I find it strange that royal protocols exist at all – Te Atairangikaahu did not keep a protocol guide. Hell, when she travelled the country she would stay at the homes of her friends and whanau. No hotels and chauffeurs, thank you very much. After all, the Kingitanga isn't about reverance and mana does not extend to those people with less having to act towards you with veneration.
Add to that a verbal incident that the Waikato Times reported in 2010. Apparently, in a meeting about Tania Martin and Te Kauhanganui, Tuheitia let rip against a kaumatua and Tame Iti’s sister. The King is reported to have asked the kaumatua whether he can “fucking read” and, when called on it, he told Iti if she doesn’t like it she can “fuck off”. Not the qualities you would expect of any leader, let alone the Maori King.
Waikato-Tainui members are also asking whether this is part of a continuing campaign for more power and money. In January this year Tuheitia first voiced his desire to “take control of the tribe’s parliament” and Chris Webster reports that the Office of the King has received millions in tribal funding from 2009. Earlier this year Tuheitia penned a plea in the tribal magazine for further funding. You have to ask whether the King's latest reach for power, read the first and the most recent open letters, are part of a pattern.
Another cause for worry is the King’s cartel of advisors. The King maintains a large office, in comparison to his mother at least, including Rangi Wallace who admitted to beating his step-daughter and her mother, Helen Kotua. Further to that, Wallace also owed $250,000 to IRD in 2011 and Kotua owed Baycorp over $3000. Kotua is the author of the protocols above.
Tuheitia has also come under fire for appointing Greg Miller, a “Pakeha”, as his representative on Te Arataura. In a similar vein Tuheitia nominated Susan Cullen to the Board of Te Wananga o Aotearoa. Cullen, whose father was the CEO at the time, is reported to have earnt more than $74m in 5 years from contracts with the Wananga and shamelessly touts her worth at over $30m. The Auditor-General later released a damning report into the Wananga criticising them for extensive conflicts of interest, poor quality courses and more.
Tuku Morgan was instrumental in the nomination and when the Wananga refused to accept her, and rightly so, he threatened legal action. This brings us neatly to Tuku Morgan – the source of and/or contributor to so, so much hurt in the tribe. Arguably there is a direct correlation between Tuku Morgan and tribal infighting. Many thought tribal battles had reached their climax while Tuku was the head of Te Arataura. Remember Tuku met Tania Martin, the former tribal leader, in Court on numerous occasions and appeared on television to launch a public attack while he was heading the executive. Negotiation and compromise is not a concept Tuku understands, apparently.
It’s sad and I’m not going to pretend I have the answers. Structural change, like I discussed in a previous post, is a start but no cure. The personalities are toxic too. If the King succeeds in cleaning out Te Arataura and much of Te Kauhanganui (I support that idea in principle)... should he follow suit? Discuss.
Post-script: It's worth noting that I'm not speaking from personal experience here - I'm drawing from what is in the public domain. Rumours are relayed to me, but I'm hesitant to publish them. Also, I don't necessarily think Tuheitia needs to go. He should have the chance to improve tribal politics, but if he fails or makes matters considerably worse... Well, then we need to ask whether he displays the qualities we expect of an Arikinui.
It’s sad and I’m not going to pretend I have the answers. Structural change, like I discussed in a previous post, is a start but no cure. The personalities are toxic too. If the King succeeds in cleaning out Te Arataura and much of Te Kauhanganui (I support that idea in principle)... should he follow suit? Discuss.
Post-script: It's worth noting that I'm not speaking from personal experience here - I'm drawing from what is in the public domain. Rumours are relayed to me, but I'm hesitant to publish them. Also, I don't necessarily think Tuheitia needs to go. He should have the chance to improve tribal politics, but if he fails or makes matters considerably worse... Well, then we need to ask whether he displays the qualities we expect of an Arikinui.
Dec 3, 2012
No, Justice Young, it's no king hit
I live with six boys; all Pakeha and all studying at Victoria. We’re a close and diverse group (if not ethnically). We range from religious to atheist, liberal to conservative and loose to sensible. Some of us were public schooled and others were private schooled and the North Island/South Island split is 5-2. Interestingly, one flatmate interned for David Cunliffe in 2011, another comes from a prominent National Party family and two others used to work for Donna Hall at Woodward Law. As you can imagine, the latter two have had some involvement and exposure to the water claim and the water case. Last week they told me that “Red Ron”, the supposedly liberal High Court Justice, appears to be leaning towards the Crown. One flatmate described him as ‘dismissive’ and ‘pre-determined’.
I don’t think this is surprising. After all, the Crown is right in arguing that the Courts cannot constrain Parliament. In the context of the water case, this means that the Courts cannot stop or declare invalid a decision or action properly made under the Public Finance Act Amendment Act 2012 (PFA). What's more, the Courts are reluctant to rule on matters of government policy. Asset sales are, I think it’s fair to say, the government’s main policy plank. As one example, in Curtis v Minister of Defence (2002) the Court refused to interfere with the Labour government’s decision to disband the air combat wing. The Court felt that it was a political not legal issue. You could reasonably argue the same principle applies.
However, emphasis on however, the orthodox rules are blurred where the Treaty is involved. Crown Law acknowledged as much in an article on judicial review where they state that “tensions arise… when disputes involve important political, Treaty or human rights issues"*. Despite the Crown’s argument that the Courts cannot review Parliament, the Maori Council and other claimants are on solid ground where they argue 1) transferring SOEs will be done via an order-in-council (an executive act) and is therefore reviewable. After all, the claimants are not asking the Court to review the merits of the PFA, but review an executive action taken under the Act AND 2) the case is directly analogous to the landmark (bad pun) case of New Zealand Maori Council v Attorney General, also known as the ‘Lands case’.
At its core, judicial review is about what the executive can lawfully do. The Maori Council and others are arguing, as I have in the past, that the government is in breach of the Treaty clause in the PFA if they remove Mighty River Power (MRP) and other SOEs from the State Owned Enterprises Act. In English, the government will be acting unlawfully. After all, there is a clear breach of the Treaty, and therefore s45(Q)(1), if a mechanism to recognise Maori rights and interests is not created and implemented. The Waitangi Tribunal held as much and even the most rudimentary application of the Lands case, broadcasting assets case** and radio frequencies case*** would find as much. An application of other Waitangi Tribunal decisions, for example Wai 1071****, will yield similar conclusions. Off the top of my head the government has failed to actively protect “Maori interests specified in the Treaty to the fullest extent”, they have failed to give sufficiently “high priority for Maori interests” and act “reasonably and in the utmost good faith”. Failing to recognise Maori wai rights and interests is a breach of the principle of active protection, failing to properly consult is a breach of the partnership principle and, I would argue, could be considered as procedural impropriety under judicial review.
I think this case will not turn, or does not turn, on what is justiciable. The case is more to do with whether privatising Mighty River Power will affect the government’s ability to recognise and compensate for the use and/or breach of Maori rights and interests. Ngai Tahu answer in the negative, but they are wrong. The Waitangi Tribunal was right to find that private shareholders are likely to push against any deal with Maori, especially if that deal decreases share prices. Why wouldn't they? The Tribunal said:
Partial privatisation will make a crucial difference to the Crown’s ability to act. Private shareholders will resist the introduction of any kind of levy, charge, resource rental or royalty that impacts on the profitability of the company and (as a result) their income and the value of their shares
Considering all of the arguments, it should be hard for Justice Young to rule against the Maori claimants. Although he could rule against us***** the Lands case is persuasive, if not binding. In that case the Court of Appeal declared that transferring land to SOEs, without establishing a mechanism to protect treaty claims to that land, would be unlawful under the Treaty clause of the SOE act. Sound familiar? Well, it is. The Maori claimants in the wai case are arguing (essentially) that there will be a breach of the Treaty if a mechanism to recognise and compensate for the use and/or breach of Maori rights and interests is not created.
When considering his decision, Justice Young should keep at the forefront of his mind Robin Cooke who said:
(the) principles require the Pakeha and Maori Treaty partners to act towards each other reasonably and with the utmost good faith.
That duty is no light one. It is infinitely more than a formality. If a breach of the duty is demonstrated at any time, the duty of the Court will be to insist that is honoured.
Whatever way Justice Young falls, we can be sure this case will be going to the appellant Courts.
Post-script: Crown Law is probably wrong in arguing that the wai issue is not justiciable (i.e. that the Court cannot rule on it because Parliament is the supreme law maker). Most Treaty litigation involves judicial review. In Treaty cases the government is usually exercising a power authorised by Parliament, but that power was or is used illegally. The approach the Courts have usually taken in judicial review is to make orders to get the parties negotiating. This is consistent with the approach in Canada, the jurisdiction closest to us on indigenous rights. The Canadian Chief Justice has said that “it is through negotiated settlements… that we will achieve… reconciliation of the pre-existence of aboriginal society (Morgan: read aboriginal rights) with the sovereignty of the Crown”.
Post-script 2: The Maori Council and other claimants can reasonably argue that international law, specifically the UN Declaration on the Rights of Indigenous Peoples, is a mandatory relevant consideration and that when interpreting the PFA and the Crown’s actions the Courts must strive for consistency with the declaration. The Supreme Court has shown that it is receptive to international law when reviewing domestic law (see Zaoui v Attorney-General (No 2 ) [2006] 1 NZLR 289; (2005) 7 HRNZ 860; [2005] NZSC 38 (Zaoui)). The declaration holds at Article 26 that “indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired”. At Article 32 it is held that “states shall consult and cooperate in good faith with the indigenous peoples… in order to obtain their free and informed consent prior to the approval of any project affecting their lands… and other resources, particularly in connection with the development utilization or exploration if mineral, water or other resources”.
*Crown Law Office. 2005. The Judge over your shoulder – A guide to judicial review of administrative decisions
**New Zealand Maori Council v Attorney-General (1994) (Privy Council)
***Attorney-General v New Zealand Maori Council (1991) (Court of Appeal)
****Waitangi Tribunal Report on the Crown’s Foreshore and Seabed Policy (2004)
*****Justice Young might find that the government is acting lawfully i.e. there is no breach of the Treaty clause because the sale of MRP will not affect the ability to recognise Maori rights and interests. Alternatively, Justice Young could use Crown Law’s “king hit” submission and find that a ruling against the government could amount to a ruling against Parliament and Parliament is supreme etc.
Post-script 2: The Maori Council and other claimants can reasonably argue that international law, specifically the UN Declaration on the Rights of Indigenous Peoples, is a mandatory relevant consideration and that when interpreting the PFA and the Crown’s actions the Courts must strive for consistency with the declaration. The Supreme Court has shown that it is receptive to international law when reviewing domestic law (see Zaoui v Attorney-General (No 2 ) [2006] 1 NZLR 289; (2005) 7 HRNZ 860; [2005] NZSC 38 (Zaoui)). The declaration holds at Article 26 that “indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired”. At Article 32 it is held that “states shall consult and cooperate in good faith with the indigenous peoples… in order to obtain their free and informed consent prior to the approval of any project affecting their lands… and other resources, particularly in connection with the development utilization or exploration if mineral, water or other resources”.
*Crown Law Office. 2005. The Judge over your shoulder – A guide to judicial review of administrative decisions
**New Zealand Maori Council v Attorney-General (1994) (Privy Council)
***Attorney-General v New Zealand Maori Council (1991) (Court of Appeal)
****Waitangi Tribunal Report on the Crown’s Foreshore and Seabed Policy (2004)
*****Justice Young might find that the government is acting lawfully i.e. there is no breach of the Treaty clause because the sale of MRP will not affect the ability to recognise Maori rights and interests. Alternatively, Justice Young could use Crown Law’s “king hit” submission and find that a ruling against the government could amount to a ruling against Parliament and Parliament is supreme etc.
Nov 28, 2012
The price of the King's support
So, Tuku Morgan has revealed the price of the Kingitanga’s support*:
Gifting the King the power to dissolve tribal parliaments will not solve the political and structural problems in Tainui. At most, inserting the Kingitanga as the ultimate decision maker will only change the way tribal politics is played. So, rather than engage in legal plays**, ambitious tribal politicians will jostle for standing in the Kingitanga. Lobbying, not law, will be du jour.
As for the structural issues, elevating the Kingitanga will further complicate what is already an unnecessarily complex iwi structure. At the moment the King sits at the top of the line as the ceremonial head, Te Kauhanganui (TK) stands below as the decision making body, Te Arataura (TA) is lower still as the day to day manager and groups like Tainui Group Holdings (TGH) make up the base. It’s a loose Westminster model where the Kingitanga is analogous to the monarchy, TK to Parliament, TA to the Cabinet and TGH and others are analogous to arms of the executive. Under Tuku’s proposal the structure would not change, other than to take ultimate power away from TK and transfer it to the Kingitanga.
Well, under either model, the structure doesn't fit with the “fundamental principles (that) have emerged over the years as being relevant for most iwi in their structures”. These principles are:
Here are the problems: 1) Under Tuku’s model, the King could dissolve TK and override the will of the individual iwi members. Even then, it’s arguable that individual iwi members do not even have ultimate control over TK and Tainui decision making as it is. TK is not elected on an at large basis. Each Marae puts forward three members to sit on TK, yet those members are not elected on an at large basis either. Arguably, this is not a purely democratic model where “individual iwi members have ultimate control” 2) the legal powers of each body are not certain. A number of tribal politicians, including Tuku Morgan, have taken to the Courts to test the limits of their power and the power of their opponents. Given the hazy rules, a culture of litigation has developed in the tribe. From the beginning of the 2010 financial year through to 2012 Chapman Tripp collected over $1m in legal fees, Bell Gully collected almost $300,000 (including the 2009 financial year). Over four other firms cashed in as well 3) ownership (TK) and management (TA) are kept separate under both models. At least that’s one run out of three.
The troubles in Tainui are not tidy and while I don’t pretend to have all of the answers, I’m sure the answer is not to reduce democracy in favour of feudalism. Structural reform is the key, but that reform must be on democratic terms. Regardless of what you think of Tuku Morgan, Tania Martin or Kingi Tuheitia, I think everyone can agree on that.
*In a extraordinary letter to Tainui tribal members the King called on leaders in TK and TA to reaffirm their "mandate" and endorsed Tuku Morgan in his bid for the chairmanship of TK.
A former head of the Waikato-Tainui executive who plans to stand for the role of the tribe's parliament chair says he wants to change the way the tribe is governed so the Maori King has the final say over tribal decisions…
Mr Morgan says if he's elected he'll work towards making changes to the tribe's constitution.
He says members must never be able to go to court with tribal issues, and Kingi Tuheitia should be given the right to veto or dissolve a tribal parliament.
Gifting the King the power to dissolve tribal parliaments will not solve the political and structural problems in Tainui. At most, inserting the Kingitanga as the ultimate decision maker will only change the way tribal politics is played. So, rather than engage in legal plays**, ambitious tribal politicians will jostle for standing in the Kingitanga. Lobbying, not law, will be du jour.
As for the structural issues, elevating the Kingitanga will further complicate what is already an unnecessarily complex iwi structure. At the moment the King sits at the top of the line as the ceremonial head, Te Kauhanganui (TK) stands below as the decision making body, Te Arataura (TA) is lower still as the day to day manager and groups like Tainui Group Holdings (TGH) make up the base. It’s a loose Westminster model where the Kingitanga is analogous to the monarchy, TK to Parliament, TA to the Cabinet and TGH and others are analogous to arms of the executive. Under Tuku’s proposal the structure would not change, other than to take ultimate power away from TK and transfer it to the Kingitanga.
Well, under either model, the structure doesn't fit with the “fundamental principles (that) have emerged over the years as being relevant for most iwi in their structures”. These principles are:
- the need to establish a structure where the individual iwi members have ultimate control;
- the legal capacity and powers of the structure are certain; and
- ownership and management functions are kept separate, as are commercial and non-commercial objectives.
Here are the problems: 1) Under Tuku’s model, the King could dissolve TK and override the will of the individual iwi members. Even then, it’s arguable that individual iwi members do not even have ultimate control over TK and Tainui decision making as it is. TK is not elected on an at large basis. Each Marae puts forward three members to sit on TK, yet those members are not elected on an at large basis either. Arguably, this is not a purely democratic model where “individual iwi members have ultimate control” 2) the legal powers of each body are not certain. A number of tribal politicians, including Tuku Morgan, have taken to the Courts to test the limits of their power and the power of their opponents. Given the hazy rules, a culture of litigation has developed in the tribe. From the beginning of the 2010 financial year through to 2012 Chapman Tripp collected over $1m in legal fees, Bell Gully collected almost $300,000 (including the 2009 financial year). Over four other firms cashed in as well 3) ownership (TK) and management (TA) are kept separate under both models. At least that’s one run out of three.
The troubles in Tainui are not tidy and while I don’t pretend to have all of the answers, I’m sure the answer is not to reduce democracy in favour of feudalism. Structural reform is the key, but that reform must be on democratic terms. Regardless of what you think of Tuku Morgan, Tania Martin or Kingi Tuheitia, I think everyone can agree on that.
*In a extraordinary letter to Tainui tribal members the King called on leaders in TK and TA to reaffirm their "mandate" and endorsed Tuku Morgan in his bid for the chairmanship of TK.
**The Court has the final say over the interpretation and application of the rules that govern Tainui. As a result much of the political games that go on in Tainui are, essentially, legal games. Opposing parties merely attempt to strengthen their legal positions rather than cooperate, compromise and so on.
Nov 9, 2012
Upholding the Treaty
Who would’ve thunk that swearing an oath to uphold the central document in our constitution would be “controversial” and “another bid by the Maori party to take New Zealand down the road of racial separatism”. In line with their populist and racist roots National, Act, United Future and NZ First voted down Te Ururoa Flavell’s bill that would allow MPs to swear an oath to uphold the Treaty of Waitangi. The current oath reads:
“I swear that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth 11, her heirs and successors, according to law, so help me God.”
Yuck. It’s easy to imagine this oath in pre-Magna Carta England, but New Zealand in 2012?
One of the basic tenents of the rule of law is that governments and citizens are held to the agreements they freely negotiate. The Treaty of Waitangi is not an exception, operative words being not an exception – it’s the central tenant of our constitution after all. With that in mind, shouldn’t we expect MPs to swear an oath to uphold it? Federal representatives in the US swear an oath to uphold their constitution, the nearest equivalent in NZ would be to swear an oath to uphold the Treaty.
In reality, there is no argument against voting the bill down. All Winston Peters could muster were empty platitudes about separatism. Weak. The National Party hasn't, as far as I'm aware, offered a justification. Weaker. What the rednecks forget is that the Treaty doesn't just confer rights on Maori and obligations on the Crown, the Treaty gives the Crown the right to govern.Wouldn't MPs want to swear to uphold the document that they source their legitimacy from?
NB: normal blogging will resume from about the 19th of November (after my exams).
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