Archive for ‘Take Māori’ Category

`Iwi Tax’ – top-drawer race propaganda

datePosted on 11:12, March 6th, 2009 by Lew

Hard on the heels of my article about giving the overworked minions of the Corporate News Machine ready fodder to work with, The Dominion Post this morning proves my case by running ready-made racist propaganda soundbites from the fisheries industry.

The linked article makes it quite explicit that the fee levied by Ngāi Tahu is nothing to do with them being Māori and the fishermen being Pākehā – it’s to do with them being the owners of a resource which they (as owners) consider to be in need of investment. Their business model is to extract a rent from that resource, and they have decided to raise that rent by constraining commercial access to those who are prepared to support continued investment in the resource by paying a commercial use levy. This is no different in principle than the Transit Agency increasing road-user charges to increase investment in roads, or from a landowner charging higher fees for Fonterra producer-shareholders to graze his property because he wants to adhere to the Clean Streams Accord (and that costs money), or from a resort owner increasing his fees in order to improve the quality of the accommodation.

The fisherfolk and their lobby group the Seafood Industry Council are not trying to play on the economic issues, because they know they have no case. So they’re playing this on symbolic issues – the (coincidental) facts that the product of the lake (tuna) is a Ngāi Tahu tāonga, and the fact that Ngāi Tahu are Māori, they (the commercial fishermen) are (I assume) Pākehā, and the ownership of the lakebed is the result of a Treaty settlement. None of these facts are actually relevant to the case in point – there’s no evidence that there is any discrimination, and it doesn’t matter by what legitimate means the owners acquired control of the resource. Just because it’s the result of a Treaty settlement doesn’t mean they somehow have less right to extract rents from it. So Ngāi Tahu’s case seems invulnerable on material grounds, but it is vulnerable on symbolic grounds. The commercial interests here are cynically trying to leverage the undercurrent of anti-Māori-development racism, pushing the Iwi/Kiwi button in service of their legally invalid cause.

It’s not an `iwi tax’ – it’s a `conservation levy’, and only payable by commercial users. They can’t come out and declare themselves anti-conservation, but it seems that in NZ it’s just fine for them to come out and declare themselves anti-iwi.

L

FSA review: strong panel, broad terms, quick

datePosted on 13:54, March 4th, 2009 by Lew

The government has appointed three very eminent and well-respected persons to the panel which will review the Foreshore and Seabed Act 2004, has granted them broad terms of reference, and has imposed a short deadline of 30 June by which they must report back to the Attorney-General. The press release, FAQ and linked ToR document is here.

This seems very positive. The three appointees – Justice Eddie Durie, Professor Richard Boast and Hana O’Regan – are highly-regarded, and none are enemies of tino rangatiratanga or friends of blanket expropriation. The terms of reference give this panel the authority to cover a wide scope of issues, including the prejudicial nature of the FSA (which scotched due process via the courts), to take new submissions, to hold hui and meetings on the matter, and to reconsider historical submissions to the FSA, and `other public documents’ which must surely include the report of UN Special Rapporteur on the Rights of Indigenous Peoples Dr Rodolfo Stavenhagen, which the Clark government dismissed with scorn.

I have two reservations: first, the short deadline, and second, the lack of commitment to following through on the recommendations of the panel. The short deadline is both a blessing and a curse – it will mean the issue doesn’t drag on, but this could be at the expense of full consultation. The second issue is more serious – there seems to be no indication that the government is under obligation to act on the recommendations, and that means we must take them on their word. The government response to the panel’s report will be a defining issue in NZ political history.

L

Fear itself

datePosted on 20:37, February 28th, 2009 by Lew

Chris Trotter seems to think I’m being culturally precious and pandering to Māori separatism with my post on the h issue. He misses the point, and fearmongers about vague Orewa-like shadows of a savage threat to the settler way of life.

While it did a lot of describing, the purpose of the post was not descriptive, (is) but normative (ought). The question was not whether Wanganui has become the de facto and de jure name of the town; it manifestly has, a fact I acknowledge by using that spelling throughout that post and this one.* The question was whether those who made it so had the right to make it so, and whether they have the right to keep it so against the will of those who retain rights to the name and its usage – rights granted in principle (but not necessarily enforceable in law) by the Treaty of Waitangi.

Chris seeks to derail this by reference to the changing nature of language, but his example hardly addresses the point, far from invalidating it. The `ought’ I’m arguing is that those with a legitimate historical, linguistic and cultural claim to a name – nobody disputes that they do – which forms a core aspect of their whakapapa and regional identity and who have been actively working to maintain that name for generations should not have that claim summarily invalidated by the whim of a majority whose sole attachment to the word is the ignorance of colonial hegemony – wanting to control whatever aspect of the local culture they can for fear of their own insecure identity. The Bowalley Road example, while interesting, is fundamentally different from the case in point for two reasons: first, it is a name which was attached to a place by individual fiat rather than from long-established common usage; and second, nobody seems to care that it has been changed. My argument rests firmly on both these considerations, and they lend it legitimacy: if it were a made-up name, and if nobody cared, my claim would clearly be invalid. The proponents of retaining the current spelling also appeal to both these grounds for legitimacy, so the question is not which of the two causes is legitimate – it is which of the two spellings should take primacy over the other. Who gets to exercise cultural control – rangatiratanga – over the name? Its originators, whose regional and whakapapa identity is tied to in it, at whose pleasure the original Pākehā settlement was founded, and who have since been systematically excluded from its affairs to the point where they are now outsiders on their own historical lands; or the settlers, whose cultural and linguistic dominance is already evident in myriad ways, who are responsible for the marginalisation of the tangata whenua, and who fight tooth and nail against every attempt at reconciliation or reparation unless it is on their terms and their terms alone. The two claims to primacy have the same grounds in principle – it’s just that the grounds of one are stronger than the grounds of the other.

The second part of Chris’ article is worse, though, because rather than misunderstanding the point and its arguments, he misstates the cause and repeats a divisive propaganda line about the dangers of allowing the natives to exercise any authority. Although Chris might not agree, this kite about the Māori radicals in the closet just waiting for their moment to disrupt the nice harmonious race relations we have in NZ is not too dissimilar from that flown by Don Brash five years ago at the Orewa Rotary Club. Let me deal with the two paragraphs in turn:

What’s more, Ken Mair’s demand that the pre-colonial appellation be restored is, I strongly suspect, part-and-parcel of a much more ambitious plan to reclaim his people’s sovereignty over the entire region. To do that, however, Ken and his people would have to fight the colonial wars of conquest all over again – this time emerging as the winners.

Why didn’t we see through their nefarious plan?

1. Change the name.
2. ?????
3. Declare the Mairist Republic of Whanganui.
4. Profit!

The assertion is beyond preposterous; comparing it to the Underpants Gnome business model almost does the model a disservice.

The goals of tino rangatiratanga ceased to be cession/secession, revolution and mass reoccupation by force generations ago. Tangata whenua – and particularly those of the Whanganui region – have embraced the legitimate governmental and judicial processes at their disposal, so much so that one of their daughters is a minister in the current government.

So perhaps the “grasping settlers” Lew condemns are smarter than he is willing to admit. Perhaps they see right through Ken’s seemingly harmless demand that the spelling of the city’s name be changed. Perhaps, by resisting this little challenge today, the Wanganui District Council and its Mayor can avoid resisting much more dangerous challenges tomorrow.

I never condemned the settlers as stupid – I freely admit that they’re not; they have very smartly and efficiently suppressed almost all Māori resistance, to their great advantage. I condemned their actions and attitudes as unjust and counterproductive in the long term. Chris’ whole argument here begs the question that there’s a race war on, and this is the fundamental assertion that the logic of Orewa and of the iwi/kiwi billboards and of the underclass and the warrior gene expects us to accept – for without it, the edifice crumbles. The entire assumption rises from that same grasping settler mentality I identified – fear of the other, fear of scarcity, fear of losing control, the constant feeling of being embattled and under siege and somehow insecure.

If one accepts – and there is copious evidence for this – that there is no intractable race war, and Māori no longer want to fight, but to retain rangatiratanga over the things they still have, and gain control – mostly symbolic, rather than material – over a tiny fraction of what they lost, there’s no argument to be had here. Work with them, rather than against them, treat in good faith and look to the future, and the future begins to look a whole lot brighter.

Today, 28 February, is the anniversary of the 1995 occupation of Pakaitore, the grounds upon which the Wanganui District Courthouse stands, known formerly as Moutoa Gardens in honour of the `loyal Māoris’ who defended the settlement against a Hauhau assault at Moutoa Island in 1864. The occupation lasted nearly three tense months during which the settlers thought their town had been invaded – my wife’s cousin phoned from London in the middle of the night to make sure she wasn’t in any danger; of course, she wasn’t because there was no violence beyond the usual which happened between the Rutland and Commercial Hotels. The occupation centred upon the claim that the land had been expropriated by the city, not sold by tangata whenua. On this same day in 2007, the Māori Land Court returned the block to iwi, who now receive a rental from the Ministry of Justice, whose courthouse continues to operate undisturbed. The land remains publicly accessible to all, although the statue of John Ballance no longer stands. Today, in the wind and rain, there were tents set up selling fry bread and hāngi and raw fish and home-grown veges and artwork; people standing around talking and kids playing. Ken Mair was there; he doesn’t know me and I’m just about as white as can be, but he greeted me warmly and bid me welcome and we chatted for a moment. There was a big tino rangatiratanga flag, but no chest-thumping or politicking or nationalistic fervour – it was a marketplace, on the site of a historical marketplace. The only problem was that there were hardly any white folk there, and those who were there looked guilty and suspicious, like they thought they were trespassing. The people selling the raw fish were embarrassed that they had trouble producing change for a $20 note. A girl of about seven wanted to know where I was from, and when I told her `Wellington, but I grew up here’, she asked `why don’t you live in Wanganui any more?’ What’s needed, and wanted, is more understanding, not the entrenchment of colonial ignorance or its endorsement as a valid way of life.

So, Chris, beyond the vague shadows of Orewa, what `dangerous challenges’ might the latter-day settlers of New Zealand face if they allow tangata whenua a bit of symbolic and linguistic authority over their own names and history?

L

* I use the spelling `Wanganui’ because this spelling currently has primacy. While I believe the spelling should be `Whanganui’, it’s not good enough to just have it become the de facto spelling. In order to recognise rangatiratanga, it must be made official – ariki ki te ariki, tangata ki te tangata.

`H bombs’ and the grasping settler mentality

datePosted on 12:53, February 25th, 2009 by Lew

I spent my school years growing up in Wanganui, and for the time being I’m back here, taking care of family matters. Having grown up here as a Pākehā with strong connections in Te Ao Māori, I can say with some authority that the region is mostly populated by unreformed Pākehā racists who loathe Māori out of fear bred from profound ignorance. I say mostly – but not entirely; there is an understandably large Māori population, and some more tolerant Pākehā. This fear and loathing is both the cause and the result of the fact that Māori in Wanganui are poorer, less-well educated and more likely to be involved in crime than non-Māori. Not so different from the general mentality of NZ as a whole, but stronger.

The Wanganui District Council yesterday voted against recommending to the NZ Geographic Board that the name be changed to its proper spelling – Whanganui, endorsing a 2006 referendum in which 82% of respondents favoured retaining the spelling. This post comprises two parts: first, an argument as to why retaining the name without the h is an absurd example of the grasping settler mentality; and second, an explication of how this morning’s front-page article on the topic frames the issue as a crisis, and promotes the same sort of fear and ignorance by marginalising and ridiculing the voices and opinions of those favouring the change.

Grasping settlers
Many will baulk at my referring to the 21st Century residents of Wanganui and its district as `settlers’, given that the settlement was one of the original four established by the New Zealand Company in 1840. Most of them would refer to themselves as `battlers’, and that’s almost as appropriate. What marks people out as settlers is the grasping siege mentality of scarcity – they came here with nothing, they have to get whatever they can get, and damned if they’ll let any of it go. Generations on, and even among those whose families weren’t settlers, this mentality remains. They live here, and they grasp, but generally they make few and feeble attempts to engage with tangata whenua, seeing them as outsiders, as enemies, and as competitors because on some level there is a recognition that they retain a moral claim to resources, discourse and authority. The settlers, despite this recognition, consider that it is their land, and their river and their town, and any arguments or evidence to the contrary are met with hostility and the rhetoric of assimilation.

Mayor Michael Laws:

Wanganui is not a Maori name. It has assumed an identity, a heritage, a history and a mana of its own.

You’ll go far to find a more convenient statement of revisionist ignorance in NZ identity politics. This forms the sole and entire argument in principle against the name change: it’s been that way for ages, so the word no longer means what it once meant – or more plainly, it’s an old mistake so it’s no longer a mistake. If this were to hold everywhere, then the mis-transliteration or misspelling of any word would necessarily destroy any connection to the original in every case: a patently idiotic idea. The fact is that Wanganui is a Māori word, misspelt by the original transliterators because the local dialect drops the `h’, pronouncing `Whanganui’ and `Wanganui’ practically the same, with a Wa sound, not a Fo sound. It’s not a new word – it’s the old word misspelt but pronounced correctly. This is a critically important example of the damn-fool ignorance I’m talking about: most of those against the change complain that they don’t want to have to pronounce it with a `F’, not realising despite mostly having lived here all their lives that nobody would. Hardly anyone pronounces the name of the river – which name is spelt with the h – as such; just ignorant but wanting-to-be-culturally-sensitive Pākehā, or other Māori wanting to make a point about the superiority of their dialect over the local one.

So, the argument in principle is invalid, and the argument of practicality is equally invalid. Why are people so opposed to the change? Because the local Māori want to exert their rangatiratanga by insisting the name of the settlement on the river be rendered correctly, as a symbolic matter, and the settlers are opposed to any assertion of rangatiratanga for fear that they might lose control over their identity and their community, or become hori-fied, as Dam Native put it. Spelling, pronunciation and other such matters are important symbolic markers of identity and authority, and the river and its surrounds physical manifestations of that. As local iwi say: Ko au te awa, ko te awa ko au – I am the river, the river is me. That such a central part of their identity may be grasped and mutilated and withheld as if it no longer belonged to them is almost as grave an insult as is possible.

This grasping settler mentality is the fundamental reason why Māori have to endure a decades-long, frightfully expensive and time-consuming judicial process under a foreign system weighted against them, generations after the fact and opposed every step of the way by the crown, business, the media and the settler public, in order to get a fraction of one per cent of the reparations to which they might otherwise be entitled. It’s the same principle which prompted the Iwi/Kiwi ignorance, and the same which recently led to the rhetorical backlash against the vesting of Ka Mate in Ngāti Toa Rangatira, about which I wrote recently. It grasps things of value, and then refuses to return them, or share them, or relinquish any control over them, no matter how slight, and even when such a gesture of goodwill would be the basis for more meaningful and harmonious engagement with the settled outsiders and a route to a more peaceful future, not the opening of the floodgates feared by the settler majority.

Village idiocy
Wanganui has a provincial village mentality, and this is quite strongly reflected in its media which are highly conservative, in the sense that they reflexively endorse the status quo and the opinions of the majority, to the exclusion of heretodox voices which are characterised as fringe radicals of one sort or another. The daily Wanganui Chronicle in particular is the local Pollyanna – its motto is `Love this place!’, and its news follows one of two forms: local-folks-done-good, or bad-things-threatening-our-way-of-life. This reinforces the settler mentality, and it’s not too harsh to call the Chron a settler paper.

The Wanganui Chronicle‘s lead story this morning was headlined `H bombs in crucial vote’, with the `H’ in red lettering, alongside a large photo of Māori protesters (although the secondary story `Protesters on the march’ notes that most protesters were Pākehā). The corresponding story on the Chron‘s website has the same photo, but the more sedate `Council split over ‘H’ in Wanganui’ headline. Message: locally, this is war. For the rest of the country, it’s just another bit of local government trivia. The headline both minimised the importance of this issue as a symbolic matter of rangatiratanga and amplified its importance as a site for dispute between settlers and outsiders. People know they have to fight against it, but don’t know why.

The story lead with the fact that the vote was closer than expected – five councillors (of thirteen, including Laws) would not vote for the existing name. Prominent share of voice was granted to those five councillors, mostly making the arguments above, that the change was the correction of a historical inaccuracy and not `bending to the whims of radicals’, but the highlighting of these five councillors as opposed to the 82% majority in the referendum clearly framed them as the radicals in council – outsiders, out-of-step with their electorate. This was reinforced by three other points: first, one councillor said he was `ashamed’ at the response to the referendum, being as it was based on ignorance, fear and misunderstanding – the message in the context of his decision was that he was ashamed of the electorate, directly at odds with the adjacent `Love this place!’ vox pop of a cute girl talking about why Wanganui is so great, a variation of which is repeated daily on the front page.

Second, other than Laws, only one councillor who voted in favour of the existing spelling was quoted on the matter, saying that she was elected to `represent the views of her community, as expressed during the referendum process’, almost identical wording to that used by Laws, and a strong statement of normative majoritarian orthodoxy.

Third, Laws said, with somewhat wolfish magnanimity, that `it was comforting to see elected officials take an unpopular stance’, echoing other councillors who `acknowledged they could lose votes’ for refusing to endorse the existing name. Not a principled stance; an unpopular one; which represents them, not us. Message: If you’re not with us, you’re against the community, and if you’re against the majority, you’re the enemy by definition.

Against this background, there sometimes seems no hope for race relations in Wanganui, or perhaps even for NZ at large. At ANZAC weekend, I will be attending the launch of a book by Canterbury University scholar John Newton, at Hiruharama up the Whanganui river, which I expect will argue the opposite: that the spirit of goodwill and compromise and understanding exemplified by the relationship between poet James K Baxter and his associates and local Māori during the 1960s and 70s provides a model for NZ race relations, opposed to the majoritarian settler orthodoxy which now dominates.

L

Ka ora!

datePosted on 23:27, February 18th, 2009 by Lew

Ka ora! (I live!) – the triumphant second part of the famous challenge in Te Rauparaha’s haka Ka Mate, composed after his narrow escape from seemingly-certain death. Ka mate is itself a symbol of life and vigour and indomitable spirit, a rowdy celebration of vitality, and one of the most vivid and tangible symbols of New Zealand culture, both for Māori and for Tau Iwi, and much-loved and admired by people the world over, so ubiquitous that many simply know it as the haka, as if there were none other.

Now the rights to this famous tāonga are to be vested in Te Rauparaha’s descendants, Ngāti Toa Rangatira. This is a sore spot for many people, who for the reasons above feel as if they have a stake in Ka Mate as well. Much of this hearkens back to the old `iwi/kiwi’ rhetoric of the 2005 election campaign, and in particular I’d like to point to one small exchange which I think illustrates that that rhetorical line no longer has quite the currency it did; then I’d like to engage with the actual matter of the issue: the meeting of intellectual property, identity and mātauranga Māori.

Backdown

haka13The Rod Emmerson cartoon at right appeared on the front page of the New Zealand Herald on 11 February 2009, the day the Letter of Agreement between Ngāti Toa Rangatira and the Crown was signed, and is the most direct reference to the old iwi/kiwi debate. The image was also attached to the online story. However, that day during Question Time, Minister for Treaty Negotiations Chris Finlayson harshly criticised the cartoon, saying it was “puerile and inaccurate […] highly offensive to Ngāti Toa. We are not talking about that kind of redress”. This position was reiterated by John Key, and was the subject of another article the following day. They’re absolutely right: as I will demonstrate below there is no merit whatsoever to the argument.

After Finlayson’s statement in Parliament, the cartoon was detached from the article – but it remains on the NZ Herald’s server, and that it was attached to the article is proven by google images. Tangentially, the cartoon appears to be one of a batch by Emmerson, including this one, very similarly composed. At least two other cartoons emphasised the financial issue – Mike Moreu’s and Tom Scott’s.

The importance of this very minor editorial backdown by the NZ Herald is huge. I’m not arguing that Finlayson’s statement in the House caused the Herald to take it down, but it was undoubtedly an influence: perhaps the Herald saw that the tide has turned. The very fact that a National Minister would so firmly repudiate such an allegation of graft among Māori business interests, against the editorial line of both our major press outlets, shows how far they have come since the bad old days of Don Brash’s populist point-scoring. It also shows that they’re in government and mean to stay there.

Rights

People talk about `intellectual property’ as if it’s unified by a central legal idea, or created from whole cloth. In fact the whole realm is a minefield of social, legal, technical, customary and common-law complexity from several intellectual traditions, dating back to the enlightenment, and very poorly updated to encompass things which have happened since. The S92 protests currently underway are an example of its deep and thorough dysfunction. It’s vastly more ugly and complicated than you might think: for an excellent critique of the whole system, I can recommend none better than Drahos and Braithwaite, Information Feudalism. Incidentally, like Richard Stallman, I abhor the term `intellectual property’ for this reason; though unlike him I don’t eschew its use when talking about the whole awful mess together.

When people talk about `intellectual property’, usually they mean `copyright’ but want to sound knowledgeable. Even when people talk about `copyright’ they are usually, in fact, mixing up two quite distinct parallel traditions: economic rights of copyright, and moral rights of the author. Simply; economic rights allow the copyright holder to extract a rent from a work, while moral rights afford other sorts of protection, such as the requirement of attribution. The two sets of rights can exist independently or apart; they need not necessarily go together, but can coexist happily if need be. The discourse inherent in the cartoons above, and in much of the news copy, is rooted in the supposition that economic rights are the only rights, and that Ngāti Toa Rangatira must therefore be looking to extract a rent from Ka Mate (even if only a piffling, `dollar dollar’ for the single most famous piece of Māori art in existence). This is also the foundation of Whale Oil’s rather smug argument that, since NZ copyright allows for a term of 50 years after the death of the author, copyright on Ka Mate lapsed in 1899 and it’s now in the public domain.

As is so often the case, the reality is quite different. The Letter of Agreement mentions nothing of the sort – no discussion of economic or moral rights, or of copyright, or even of that broadest of terms, `intellectual property’. No, the complete text in the LoA relating to Ka Mate is as follows:

– Ka Mate haka

The settlement legislation will also record the authorship and significance of the haka Ka Mate to Ngāti Toa and the Crown will work with Ngāti Toa to address their concerns with the haka in a way that balances their rights with those of the wider public.

The Crown does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate. Ngāti Toa’s primary objective is to prevent the misappropriation and culturally inappropriate use of the Ka Mate haka.

This stops well short of even the weakest copyright protection. It implies a subset of moral rights, and explicitly enjoins exercise of economic rights. The entire line of argument is therefore completely discredited, and if anything, Ngāti Toa Rangatira are faced with a hard task of staking a claim in any way other than the symbolic. If they choose – and there’s the big question nobody is asking.

Colonising Mātauranga Māori

Suppose Ngāti Toa Rangatira had been offered exclusive, authorial economic and moral rights to Ka Mate. Should they accept? Ultimately, of course, this is a matter of utility for that iwi, and them alone – but let me sketch a few of the issues in play. First, and most obviously, the adoption of Tau Iwi systems of knowledge ownership for mātauranga Māori (Māori knowledge) is a dangerous business. Those who have legitimate entitlement to the mātauranga might be prevented from exercising it by colonial IP laws; more importantly, the nature of the mātauranga itself is impacted upon by its presence within a framework, and the degree of codification and specification that requires. As M A Hemi said regarding the use of Māori terms in the Resource Management Act,

Māori concepts when treated in isolation are incapable of proper function and development. In fact, any concept when divorced from its cultural base is subject to dysfunction and cultural reinterpretation or hi-jack. (Quoted in Mason Durie, Te Mana, Te Kāwanatanga, p33.)

Nevertheless, there can be great utility in protecting these things by colonial means, in order to prevent their exploitation by colonial systems. This is the foundation for the WAI 262 claim, to my knowledge the longest-running and most complex claim ever brought to the Waitangi Tribunal, with enormous precedent value. And why shouldn’t they see any tangible economic benefits from their mātauranga now, given that for generations it has been exploited and co-opted and adapted without their consent or input, and to great commercial gain?

The question is a live one – ka ora.

L

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