(Image, “Allan’s beach at dusk, Dunedin, New Zealand”, stolen from Nicola Romanò)

The Foreshore and Seabed deal is not over yet, at least not as far as Hone Harawira is concerned. He has come out swinging (audio) against the government, saying the consultation process which resulted in the agreement was “bullshit”, that Key has shown poor faith and “pandered to rednecks” with a Foreshore and Seabed repeal proposal which is all take and no give:

[The government] took the two things which would make Pākehā happy and refused to give the one thing which would make Māori happy.

The two things are guaranteed public access and inalienability; the one thing is Māori title. Furthermore, he’s reaffirmed a commitment to ongoing struggle for a more equitable resolution:

We may have to wait for another Labour government, we may have to wait for a formal coalition between the māori party and the Greens together, we may have to wait for hell to freeze over and ACT to give it to us, I don’t know.

This is good, and in my view it’s the position the party ought to be taking. But paradoxically, he supports the party’s decision to accept the agreement, saying it’s “a step in the right direction”. This can only make sense if whatever legislation which replaces the FSA is non-enduring; essentially, another step along that road laid down by the Good Intentions Paving Company, rather than the full-and-final settlement which will carve the proposal in legislative stone.

But I think if they follow this path, it will be all over. I don’t think they have a hope of being able to play this as an ongoing struggle, having consented to it. As Bright Red said at The Standard yesterday, both major parties will see this issue as settled and will suffer terribly if they bring it back to the table. The only reason the FSA was even up for debate is that even National could see the manifest injustice of legislation being rammed through against the vehement opposition of the group most subject to it; while many among National derided the FSA as being too generous, nevertheless the process of its passage was repugnant to them.

Hone Harawira and many others no doubt think that this process was similarly repugnant, but that view has little legitimacy since the Iwi Leadership Group and the māori party have willingly agreed to it. This is how liberal society works; this is tino rangatiratanga in action: you make your decisions and you live with their consequences. The only hope now, it seems, is that the eventual bill drawn up from the Agreement in Principle signed yesterday will provide some pretext for the party and the ILG to withdraw its support. This will come at an enormous cost in terms of goodwill, but I have no doubt that despite his protestations to the contrary, Hone Harawira is getting to work on setting the stage for such action already.

L

Evidence:

• It has been found to work pretty well and all parliamentary parties except ACT support it.
• The UK election is about to remind people how perverse FPP is.
• Peter Shirtcliffe is spamming people in order to gain support for his anti-MMP campaign.
• His google ad campaign looks like this ====>

Seriously. That’s him. A ranting white middle-aged elderly patrician of the sort New Zealand’s governments were almost exclusively composed before the change in electoral system — and on a soap-box, for goodness’ sake. A starker warning of what’s in store should the electoral system change is hard to envisage. Also: it’s visually busy and garish. The blue is neither National-party royal blue, nor ACT-party aqua-blue, nor flag-Navy; it’s nothing. The message is over-long and confused (campaign for an effective referendum? Don’t you mean to campaign against the electoral system? No? Ok then.) And the cartoon …

Thanks, Peter, you’re doing your country a great service.

(Thanks to Lyndon Hood in the comments to Russell’s thread linked above for the pic.)

[This line inserted to fill whitespace].

L

The opposition was strong in Parliament today. I’m stuck for time, so what follows is somewhat stream-of-consciousness.

Front and centre was the government’s failure to perform on unemployment and wage growth, the subject of criticism from both flanks. Bill English had led off with “the budget will be about the many, not the few”, and then “but seriously …”, to a stinging rebuke from David Cunliffe, who listed the government’s failings as he saw them. This adoption by the government of Labour’s own tagline looks like an attempt to muddy the counter-campaign and poach their emphasis, trying to set up National as the party representing “the many”, rather than the policy merits of the government’s program, but if so it’s a fairly ham-fisted one. While “the many” looks on its way to becoming this election cycle’s “hard-working Kiwis”, the government’s attempt here to muscle in indicates that National has accepted Labour’s rhetorical framing, although they disagree with it. If you adopt your opponent’s narrative, you need to be able to make it your own — either that, or you need to dismantle and discredit it. English did neither.

Cunliffe was strong, also raising the variance between English’s aspirational and controversial “Plain English” ad and the policy track he has delivered. Sir Roger Douglas also took aim, and was forced by the Speaker to rephrase the question (to Paula Bennett): “Which is more important? Young people getting jobs, or pandering to the Left?”.

Bennett also took a bit of a pasting on the matter of the identity of one Peter Saunders. The Standard has picked this up so I’ll not elaborate more. Wayne Mapp, standing in for the Minister of Agriculture also stumbled on a line of questioning from Sue Kedgley regarding AgResearch’s GM cattle trials. Not exactly a shock since, not being the minister himself, that information wasn’t top of his mind, but it contributed to the general atmosphere.

Then it was all on in General Debate, with Goff, King and Cunliffe leading off on the same topic matter (jobs/wages) with a couple of fiery speeches, and re-emphasising the “smile and wave/photo-op/government by poll” meme and the retrenchment of the government’s mining plans. Judith Collins concentrated on David Cunliffe’s lack of orthodox economic credibility, and purported concern for Goff having to shoulder the dual burden of leading a party in which Cunliffe was both the finance spokesperson and a leadership contender. Nice concern troll, but what’s more interesting is how much she was looking forward to seeing Cunliffe’s expenses records — and the threats hurled across the House while she thought she was not miked — “You wait, just you wait! …” Some irony in this given that it was just yesterday Collins raised the most threadbare defence of her (or someone else’s) extensive use of the ministerial self-drive car: “All the travel is within the rules – that’s all I’m prepared to say on it.”

So, while superficially an ordinary sort of Wednesday (albeit one where the Member’s Day was not clobbered by urgency), I think this has provided a few glimpses of the 18 months to come: a robust focus on core materialist issues from the Labour party, ahead of the budget, and a clear desire to debate the policy merits; combined with continued attacks on the credibility and perceived competence of English and Bennett in particular; the government attempting to subvert the opposition’s framing rather than exclusively arguing the merits; Collins v Cunliffe shaping up as a key battle. Nothing flash, but it’s starting to look like something resembling a threat. Most importantly, something to require the government to rethink its own gameplan. Until now they’ve had the ability to act almost with impunity, their errors going unpunished. If today’s performance is any indication, no longer.

L

Just before the end of the university term last year, Peter McCaffrey and ACT On Campus gave the Victoria University of Wellington Student Association an object lesson in how democracy works. They successfully passed a resolution that VUWSA make a select committee submission in support of Roger Douglas’ Education (Freedom of Association) Amendment Bill (making student association voluntary) despite various machinations employed by the VUWSA members and officeholders there. These events were well documented in text by Jenna Raeburn and in video with a ridiculously triumphal soundtrack (irony noted by felix).

The fundamental problem of non-democratic (and poor-quality democratic) political systems is that they shelter those in power from the consequences of their actions. Authoritarianism (and authoritarian communism in particular) is deleterious not so much due to the economic failings of the system (such as the economic calculation problem) as due to the fact that in such systems there exists no mechanism to force, require or even encourage the leadership to act in its peoples’ interest. I’ve written a lot about the power transfer problem of orthodox Marxist pragma, and this is an aspect of it. When the leadership is invested with the monopoly power and authority to suppress a counter-revolution, how do you ever get them to relinquish it?

The effect of impunity is similarly evident in other fields; particularly in commerce, where the customary opposition of the terms “freedom” and “regulation” are little more than straw soldiers in a propaganda battle. Peter Drahos and John Braithwaite have written at length about the extent to which so-called free trade mechanisms such as TRIPS are instruments of international coercion more than they are of international trade, and how almost the entire intellectual property system of the modern world has been so thoroughly captured by existing rightsholders that it now functions as a form of privatised regulation by asserting near-impassable barriers to entry into the information marketplace. This suppresses competition, promotes the establishment and maintenance of cartels between existing participants, and all this breeds impunity, where participants have no (or few) reasons to develop their products and services to suit their users’ needs, and so they develop them to suit their own needs. The results are everywhere; for instance, in the fact that people are compelled to purchase Microsoft software with most new computers although they might hate and despise it, or simply not need it; or in the fact that those same users, having reluctantly purchased Windows since there are no easily-accessible alternatives (those having been shut out of the market years ago by patent thickets, bundling, cross-licensing, and so on) are then locked into using proprietary media formats, players, content distribution and communication systems with (in some cases well-known) surveillance functions and which are designed to restrict a users’ rights to their own hardware, content and communication, so that the system — and users’ participation in it — works in the provider’s interest, rather than the interests of its users.

That example is just one with which I’m familiar. Much more socially and economically important examples exist; particularly around medical development and crop research. But the point is that this whole system, billed as being about “freedom”, does not mean freedom for users so much as rightholders’ freedom from the need to cater to their users without fear of someone else eating their lunch.

Returning to student body politics. When a student union compels fees from its students, and when students who disagree with the union’s agenda are unable to withdraw their support, what incentive is there for the union to represent the interests of the student body? The political consequence of that system is a student body politic so complacent due to impunity in charge of millions of dollars a year in revenue that it literally cannot organise a SRC vote to save itself.

I am no great supporter of VSM; I view the threadbare rhetoric of “freedom” employed by Douglas, McCaffrey and so on with a jaundiced eye. I don’t believe people should simply be able to “opt out” of their society if they don’t like it, and I accept that the loss of revenue which will result from the (almost certain) passage of Douglas’ bill will place much of the genuinely good work student unions do in jeopardy. But the integrity of political systems is more important than discrete policy outcomes, and to be perfectly frank VUWSA, for its rank incompetence and duplicity in the face of legitimate challenge, deserves to be humiliated in this way.

I hope that the lesson about how democracy works will be well understood — that is: unless people make it work, it doesn’t. CSM as currently implemented promotes apathy and idiocy in student body politics, to a greater extent than it would exist in any case. That is bad for student body politics, and it’s bad for students. It depresses the quality of candidates and policy, and reduces the system to a comic farce which many students are justifiably ashamed of (if they care about it at all). Much better, for me, would be the the genuine politicisation of student politics, with groups organising and campaigning on their positions, winning a mandate and executing it, as in national and local body politics. If ACT on Campus want to campaign on “letting you keep more of your money”, let them do so, and good luck to them. (Of course, they have been, and it hasn’t been working out for them, so the parent party has resorted to regulation in the name of freedom. Plus ça change.)

So in my view the current threats to compulsory student unionism is largely the fault of the student unionists and their sense of entitlement to membership dues without the need to prove the value of their work to those who pay for it. The Douglas bill, while it will likely prove deleterious to the good work student unions do, may have a silver lining in that it will enforce greater discipline and competence upon student politicians, and require them to prove to their constituents that the work they do is actually valuable in order to win a mandate. If the work they do is genuinely valuable, as they say it is, such a mandate should be winnable. May they go forth and win it.

L

Postscript: Go and submit!
Select committee submissions on the bill close on 31 March 2010. Whatever your views, make them known. As I’ve said, I think it’s likely to pass (bloc support from ACT, National and UF), but that shouldn’t prevent you from making your views known. Incidentally, I approve of the relatively impartial editorial line taken by Salient, the VUWSA magazine. Especially given that this august [sic] organ depends on CSM for much of its funding, this is a bold and principled decision. Well done Sarah Robson.

At the head of a large army [Po-ts'ai] was besieging Ch’ang-she, which was held by Huang-fu Sung. The garrison was very small, and a general feeling of nervousness pervaded the ranks; so Huang-fu Sung called his officers together and said: “In war, there are various indirect methods of attack, and numbers do not count for everything. Now the rebels have pitched their camp in the midst of thick grass which will easily burn when the wind blows. If we set fire to it at night, they will be thrown into panic, and we can make a sortie and attack them on all sides at once, thus emulating the achievement of T’ien Tan.” That same evening, a strong breeze sprang up; so Huang-fu Sung instructed his soldiers to bind reeds together into torches and mount guard on the city walls, after which he sent out a band of daring men, who stealthily made their way through the lines and started the fire with loud shouts and yells. Simultaneously, a glare of light shot up from the city walls, and Huang-fu Sung, sounding his drums, led a rapid charge, which threw the rebels into confusion and put them to headlong flight.
– Sun Tzu, The Art of War, XII.9(4)

I can’t agree less with Grant Robertson’s, response to David Garrett’s latest bit of madness. He says he “doesn’t want to give further oxygen” to Garrett’s “extreme and appalling” views, but that’s exactly what they need: oxygen. At present both Rodney Hide and John Key probably want to forget the fact that Garrett is the ACT party’s Law and Order spokesperson, and that consequently there are no such things as his “personal views” on these topics which are separable from those of the party — he is the ACT party’s mouthpiece on such matters, and the government’s ally. We, the people who elected him and permitted Hide to assign him that role, are entitled to take these views seriously, examine them in the context of other things he has said and done, and the opposition’s job is to prevent anyone from forgetting what this man stands for, and how far his definition of “reasonable” is from that of the wider public. From now until he’s ejected from parliament, Garrett should not be able to show his face to the public without a graphic reminder of the fact that he think homosexuality is morally equivalent to paedophilia; that he favours policy (now implemented) which means more prisoners will suffer rape as a consequence of their punishment; and that he thinks poor brown parents should be sterilised. He must be required to either defend his views robustly, or forced to issue yet another humiliating public apology; and both ACT and the government must be required to defend their association with him, or forced to dissociate, demote or publicly censure him.

The instinct for the opposition to deny a topic like this the spotlight only makes political sense when the opposition is vulnerable on the issue; when they fear it could result in a populist backlash against them. Even then, the principles at stake mean a very strong backlash would be required to justify restraint on simple pragmatic grounds. There is no prospect of such a backlash in this case: as Grant says, the statement is “extreme and appalling”. Does Grant think his own sense of what is extreme and appalling differs so much from that of the electorate that they will not agree with him? The worst possible course of action for ACT and the government is to allow this topic to remain at the top of the political agenda for as long as possible. Failing to even try to keep it there shows a lack of political nerve on the part of the opposition; a continuation of the failed strategy employed prior to the election, which Key won in no small part because the very people who should be fighting against him bolstered his public image as a mild, simple, non-threatening chap. Genuine threats must be neither mocked or minimised; the “extreme and appalling” should not be laughed off or left unchallenged. This is the sort of weak-kneed liberal wimpishness and lack of rectitude which leads many voters to mistrust parties on the left, and cleave to parties and leaders whose convictions are firm and forthrightly held. The good and the just does not speak for itself, much as we might wish it would. It requires champions to stand for it, and evil truimphs when those champions fail to stand and fight.

To do so is not the “dirty” personalisation of politics: the character and views of a man who sits on the Law and Order select committee, and in the future could conceivably hold a warrant for Justice, Corrections or Police are perfectly legitimate matters for political debate, which speak both to his ability to represent the interests of New Zealanders and to the quality of the processes and people which allowed him to attain such a position.

The Garrett Solution, as I’ve argued elsewhere, contradicts almost everything the small-government right claims to stand for. After a decade of howling about “Nanny State in the bedroom” and “social engineering” we now see that their erstwhile objections to both these things were not principled, as they claimed, but were in fact just objections on the merits. Social engineering is wrong, they say, unless it’s at the genetic level. It’s also not new: this sort of thing was enthusiastically embraced during the last government by the more unhinged members of the extreme right, and now it has gone mainstream.

The topic of eugenics is the strongest symbolic matter introduced to the political sphere by any participant this term; it is a topic on which the right can only lose, and introduced by someone who is already vulnerable. The grass is high around the government’s camp, the fire is set by one of their own: now, if they are to gain an advantage, the opposition must fan the flames and beat the drums.

L

… for why civilised societies which hope to remain civilised don’t lock violent children up with hardened criminals in the hope that they’ll magically reform into model citizens.

I’m talking about Bailey Junior Kurariki, whose latest offences, according to criminologist John Pratt, are a sign he has become institutionalised. Of course, his victim’s mother doesn’t think so, and neither do the usual reactionaries. The other lot aren’t all that much better. But perhaps that’s to be expected: when the only tool your populist justice positioning allows you to wield is a hammer, even a screwed-up 12 year-old kid looks like a nail to be smacked down as hard as possible.

L

DPF published two posts yesterday about prominent lefties comparing righties to fascists: Minto comparing Bush to Hitler and Amin, and Carter comparing Key to Mussolini. I agree with him that both comparisons are entirely unjustified, and do a great disservice to political discourse in this country.

But without taking away from that, let’s not forget that David, his commentariat, his blogging cohort and indeed some of his ideological allies have spent most of the past decade making political hay by comparing Helen Clark to various dictators. David was central to the Free Speech Coalition whose billboards protesting the Electoral Finance Act evoked Mao Zedong and Frank Bainimarama; he wrote a weekly column entitled ‘Dispatch from Helengrad’, perpetuating the Clark=Stalin syllogism; his blog permits and tacitly endorses the almost daily comparison of left-wing political figures to tyrants; his closest blogging acquaintance Cameron Slater has constructed his political profile almost entirely of such cloth. The National and ACT parties themselves have a very large portfolio of such comparisons — from the Young Nats publishing the famous image above, to Heather Roy talking about the Clark government’s ‘feminazi’ welfare agenda to Bill English’s frequent comparisons of the Clark government to the Mugabe regime in Zimbabwe, both in the House and in the media. And how could I forget John Banks — former National party cabinet minister and now Citizens & Ratepayers Mayor of Auckland — whose public comparisons of Clark to Hitler, Stalin, Mao and Pol Pot and references to her as the ‘Chairman of the Central Committee’ among others only ceased when he decided to run for Mayor and they were no longer politically tenable. To say nothing of the foaming of various branches of the libertarian and objectivist movements, who are admittedly further from National than Labour are, but nevertheless have been occasional allies of convenience. Although typically less egregious than Carter’s and Minto’s comparisons, these are all the same in principle. The difference is one of magnitude, not of type. And the very worst examples of the type are exclusively from the right.

I should imagine that many of those who engaged in these sorts of attacks on Clark and her government but who are wide-eyed with mock outrage now that the shoe is on the other foot believe (to themselves if not in public) that the former comparisons were rooted in reality, while these latter are not and so are not justified. This demonstrates a phenomenal absence of political or historical perspective: Clark, like Bush, was removed peacefully from office by the ordinary process of democratic action, and the comparison of their programmes with those of the named dictators simply does not bear comparison, and it is disrespectful to history to draw it. David is right to point out that Labour are wrong for stooping to the level of National and ACT and their less-savoury constituents, but that does not erase the initial wrongness which spawned it, and in which he played a role.

L

[Edited to add Banksie and the libertarians to the list of offenders, and add the image at top.]

The story of Rodney Hide’s ministerial fundraiser is making headway — at present, it’s the splash spot on stuff.co.nz and is pretty prominent on the Herald site as well.

This image is strong. Close-ups are rarely flattering, and this one has an unctuous, indignant defensiveness which evokes, well, just about every crooked politico in history. The text, leading with the universal refrain of officials on the take and following up hard with that beloved word ‘rort’, gives the audience all the necessary context. This is a position Hide has spent his political career avoiding, and one which he was once merciless in prosecuting. It’s a long way to fall.

It seems that the credit for this should go to Eddie, who drew together its various strands into the narrative we now have. It’s been picked up by a few blogs, including Red Alert, where Phil Twyford published his own clearly-derivative-but-not-attributed riff on the topic earlier today, complete with Goff’s press release which forms the basis for the NZPA story. And it looks like Eddie even chose the photo which Stuff ran with — only one is flipped on the vertical. Well done.

Update: Lyndon in the comments points out that the threads were in fact drawn together by North Shore mayor Andrew Williams in the first instance, and published on Scoop.co.nz – so Frist P0st credits there, although the Labour response seems more derivative of Eddie’s work than that, so my point largely remains.

L

David Farrar falsely equivocates when he asks the following:

Why do so many people who complain that ACT got five seats in Parliament on only 3.65% of the vote, never complain that the Maori Party got five seats in Parliament on 2.39% of the vote?

The issue isn’t so much that ACT didn’t deserve seats for their share as that, for proportional consistency’s sake, NZ First deserved seats for their share as well. From there, people work backward to ‘If NZF didn’t get them, why should ACT have gotten them?’

The overhang is a misdirection away from the fact that the 5% threshold is the main source of entropy in our proportional system (and its neighbour SM). The two types of electedness he suggests are the same — winning an electorate and coming in on the list — aren’t, as David well knows, and this is a capricious argument from him. To prevent an electorate member from sitting on proportional grounds directly disenfranchises the electorate who voted for her. The solution to a system which arbitrarily disenfranchises a large number of voters on the basis of other voters’ decisions surely isn’t more disenfranchisement — it’s less.

As I’ve argued before, removing or lowering the threshold would reduce voter regret among the supporters of marginal parties, and embolden those electors to vote for their chosen party, resulting in truer representation. The possible impact on an overhang party — one which has traditionally won more seats than its share of the vote would otherwise entitle it — is an interesting case, and would force people who now vote tactically to re-evaluate their decisions.

I have an upcoming post asking what factors people value in an electoral system, and issues like these are germane to the forthcoming discussion about MMP.

L

It’s nearly 10 months since the election and the parties have just about found their feet. Bloggers on the left are delighting in saying to National, Act and Māori Party voters “look at what they’re doing, you didn’t vote for that!” which makes me curious, how many of us got what we voted for?

ACT

If you voted for hard-on-crime you’re probably feeling ok right now, it might not be as hard or as fast as you like, but the art of vengeance is definitely on its way back. If you voted for Rodney Hide, hurrah you have Rodney Hide. If you’re a small business owner frustrated with regulation, again you’re probably feeling pretty good at the signs of what’s coming. The neoliberals might not think things are happening fast enough, but they’re sure happening. It’s only the old ACT libertarian core who must be feeling cheated by the concessions to the crime-and-punishment lobby, and who else could you have voted for anyway?

Greens

I voted Green looking for a genuinely left wing party, and I’m feeling a bit let down: the MOU and the lack of visibility over the pain National’s policies are causing the poor and the vulnerable. That said, I also know that the Greens don’t have any parliamentary power so I expect some compromise. If you voted for the environment it’s probably feeling pretty good, while we lost the election the Greens are being effective at raising the issues and progressing a handful of them – about as good as you could hope for in the current political climate.

Labour

You lost, that’s all bad, but how’re you feeling about this incarnation of Labour-in-opposition? Labour’s actually doing ok I reckon for the centrist middle class left voters, and for the co-opted unions – they’re making the right noises about National policy, they’re sounding union and struggling middle-class friendly. People on the left of the party, however, are perhaps less happy: the current strategy appears to be a fight for the centre rather than a return to Labour’s working class roots.

Māori Party

Possibly it’s enough to be part of government, but at some point doesn’t the lack of policy wins start to hurt?

National

Well… if you voted for that nice John Key you’re probably happy with the smiley vacuous man who gets to go on Letterman. If you voted against Labour you were once happy with the lack of Helen Clark, but National’s starting to look a bit nanny state-ish. If you voted for the agriculture sector you’re probably adequately pleased by the reversals on the ETS and RMA, big business should be similarly happy. So the ideological backers are probably happy, but the soft centre?

Progressives & United Future

You got Jim Anderton and Peter Dunne, you must be rapt! :)