Posts Tagged ‘Don Brash’
It should come as no surprise that I disagree with Chris Trotter’s latest piece about the Urewera raids. Don’t get me wrong — I think his assessment of the operational capability New Zealand police and intelligence services are correct. Their actions were strategically and tactically flawed, and they seemed to hold unrealistic expectations of the task they were undertaking. But some of the judgements Chris wraps around this argument are troubling to say the very least.
Not all of them. Some are fine: we need a competent security and intelligence apparatus, and the lack is something that should be rectified. Some are nonsense: a sophisticated left-wing propaganda network (where have they been these past two electoral terms?) and sleeper cells of “sympathetic journalists” (presumably not those who are shills for the corporate élite?). Some are merely distasteful. Others, however, are downright frightening, and the worst of these is the notion that the Crown should not be bound by its own laws when prosecuting dissident citizens.
Let’s not forget that some of this actually happened. Elements of the Crown case actually were leaked to the public, and some suppressed material was published in daily newspapers and was the subject of (unsuccessful) contempt proceedings.* Other elements, having been retrospectively ruled in by a court despite having been collected unlawfully, were used throughout the trial to create a prejudicial atmosphere around the trial.
Given those events, the argument here is essentially that the Crown didn’t leak enough evidence; didn’t act ruthlessly enough and was too heavily burdened with scruples to secure a “right” outcome. The call for an officer of the Crown to wilfully breach the very laws they have sworn to uphold, in the name of their own individual assessment of a complex situation, is extremely concerning. Having failed to conduct their evidence-gathering operations lawfully, and having failed to persuade a judge that, in spite of that, there was still a sufficient reason to admit all the evidence, the argument here is that the Crown should have taken an extrajudicial Mulligan.
When I started writing it this piece was considerably more personalised to Chris, and how his post seems to provide final proof of his degeneration from idealistic radical to authoritarian establishment curmudgeon. The reference in the title is to his now-infamous declaration that Labour’s breach of electoral law during the 2005 election campaign was justified inasmuch as it prevented a terrible counterfactual — a National government led by Don Brash — from coming to pass. I disagree with that argument on the grounds that the integrity of the democratic system as a whole is of greater importance than any particular electoral outcome, and I disagree with his argument regarding the Urewera 4 for the same reasons: the integrity of the justice system is of greater importance than the outcome of any given case.** But I don’t want to dwell on the personal; rather than trading extensive cannonades with Chris (again), I think there’s more value in covering my reasons for holding these views in principle, leaving aside the specific merits (on which we’re never going to agree), or whether I support the principals in either case.***
The first and most obvious argument against this sort of extra-legal recourse is: be careful what you wish for. If you want the Crown to leak, to cultivate sources in the media whom they can trust to run their propaganda for them, and to resort to whatever other means they might need to secure what you think is a “right” outcome, you’d better hope you always agree with them. If you don’t, eventually you’ll find yourself on the wrong end of it. The danger of this for the ideological left in Aotearoa should need little elaboration: almost all the authoritarian cards and most of the ruthlessness in playing them are in the hands of the various factions of the ideological right, and they are constrained more by norms of conduct and the need to appear to be less ruthless than they are than by black-letter law or constitutional barriers. These norms are quite robust, but they essentially all operate on the honour system: they persist because people observe them. If you break the law in the name of the rule of law, you erode the rule of law. If you destroy the village to save the village, you still destroy the village.
This leads into the second point: changing norms of Crown conduct, or what we might call “authoritarian sclerosis”. Norms that constrain what a government, the Crown or its agents may acceptably do are becoming more lax, and have been since shortly after 9/11, when the Terrorism Suppression Act that gave rise to the current farce was hastily passed. In the past two parliamentary terms this has continued to accelerate, partly as a consequence of hysteria around — and blurring of — activism and terrorism more generally. The government, by leave of an increasingly punitive and paranoid populace, can now impose disproportionate punishment on certain offenders via the “three strikes” regime, and indefinite “civil” detention of certain offenders. The infiltration of the security and intelligence apparatus into harmless activist groups such as those that agitate for animal rights has been well-documented in recent years. It has gotten to this point despite the fact that (Urewera case aside) the two most significant threats to our national security in the past decade have been an Algerian theologist who now makes kebabs in a food hall on Karangahape Road, and three Catholic pacifists with agricultural implements. The government can now amend or suspend almost any law or enact almost any measure it likes, with immediate effect and without meaningful judicial oversight, in the service of rebuilding Christchurch. There are laws on the books that shift the burden of proof of innocence for some types of copyright infringement from the accuser to the alleged offender. On US urging, the New Zealand police recently undertook expensive, unprecedented and legally risky operations against a foreign national who had apparently committed no serious crimes against New Zealand law, and it now seems increasingly unlikely that the case will amount to anything. The government may now spend beneficiaries’ money for them. They are are moving to require DPB mothers (and their daughters!) to use long-term birth control, and to force them to work when their youngest is just one year old. The latest proposal is to force beneficiaries to vaccinate their children, in violation of the fundamental right to refuse medical treatment. These latter policies of authoritarian sclerosis disproportionately affect Māori, who are already disproportionately impacted by the state’s historical use of its power via colonialism. I could go on, but you get the point: the door to the police state is not yet open, but it is creaking ajar. Those who benefit from opening it do not need agents of the left nudging that door wider for them, but they will gratefully accept it if some are willing to do so.
This is all bad enough in itself, but as well as eroding the norms of what is acceptable, authoritarian sclerosis makes it more difficult to erect robust black-letter or constitutional safeguards against undue exercise of power by the state over its citizens, making it more likely that the norms which are being undermined are all we will be able to rely on in future. Again: be careful what you wish for.
Perhaps more important than all of that, though, is the incentive that the Mulligan creates within the organs of the Crown responsible for implementing the policies outlined above. If you make excuses for underperforming or incompetent agencies, if you cut senior officials slack when they or their subordinates fail to discharge their duties adequately, when they bring into question the good standing of their departments; if you seek to tailor laws and regulations to them rather than requiring them to work within the existing bounds of proper conduct, then you produce agencies which are dependent on special pleading and special treatment. When you select against competence, independence, resourcefulness and strategic thinking by allowing “right-thinking” loyalty and patronage to thrive, you breed pampered inbred poodles reliant on favour from political masters, rather than vigilant, independent watchdogs of civil society.
Multiple layers of dysfunction contributed to the Crown’s failure to convict on substantive charges in the Urewera 4 case. They started with the drafting of the Terrorism Suppression Act, which Solicitor-General David Collins declared “unnecessarily complex, incoherent, and as a result almost impossible to apply”. Court interpretations giving the police permission to undertake surveillance operations that were later ruled illegal also contributed. Police culture and operational capability, and a lack of both strategic and tactical awareness also contributed strongly, and Crown Law’s failure to make best use of the meagre evidence that derived from those preceding actions was merely the last in a long chain of failures.
If you want to make a system stronger, the solution is to genuinely strengthen it, making it better, by having those agencies take their lumps and learn their lessons, by punishing failure and rewarding success; by staffing it with better people, better trained and with greater strategic vision. I want an intelligence/security and police apparatus and a justice system good enough that it doesn’t need to be oppressive to be effective. One that I can trust to keep society safe, and to not persecute me while doing so. That can’t happen if we erect a scaffold of legal or extra-legal privilege beneath the sagging edifice, pretend there’s nothing wrong, and call it a win. It didn’t work for the investment banks, and it can’t work here.
* Chief High Court Judge Randerson and Justice Gendall found that the publication had not “caused a real risk” of prejudice, so fair enough. But they also stated that “The breaches of suppression orders and the unlawful conduct of a major news organisation and a senior newspaper editor should have resulted in their prosecution” by the Police, and that the court was “at a loss to understand why these breaches were not prosecuted.” While they raised the point that the penalties for such breaches are risibly small, it’s also hard to avoid the conclusion that the Police were simply reluctant to punish actions that might have helped their case.
** In principle, there is a time for extrajudicial action, for exercise of the reserve powers or of the almost-limitless authority of the sovereign parliament, or for rebellion by the people. Desperate times may call for such measures. These are not such times.
*** For the record: Of course, I did not support the 2005 National party. I am satisfied with the Urewera 4 verdicts since they accord with what I know about the case, though I also would not have been averse to a retrial and an opportunity for them to clear their names more forcefully.
Posted on 20:51, December 14th, 2011 by Lew
For my sins, over the past week or so I have been engaging at The Standard again. It’s been a rather tiresome business (for them as well, I’m sure) but has yielded some lucid moments. One exchange between “Puddleglum”, Anthony and I in the bowels of an open mike thread has been particularly useful, and since it contains my views on a question I am often asked, I’d rather it not end up down the memory hole. I reproduce it here in full (without the benefit of editing; so it’s a bit rough).
[I originally said Anthony was the author FKA "r0b" at The Standard -- this isn't the case; it's some other Anthony. My mistake, and thanks to the r0b, Anthony Robins, for pointing it out.] Puddleglum has a blog himself — thepoliticalscientist.org — that is well worth reading.
If Armstrong is correct in the following quotation (and this leadership race has all been about the ‘blokes’ battling the ‘minorities’ and the ‘politically correct’), then won’t the election of Shearer shift Labour more towards the right wing, social conservatism that you appear not to like about NZF?
“Shearer will bring change by making the party less hostage to the political correctness that still plagues its image. He is interested in things that work, rather than whether they fit the party’s doctrine. “
I may misunderstand where your ‘loyalties’ or preferences lie, but it does seem odd if you are supporting a shift in Labour’s focus towards something that would be much more compatible with NZF (including Prosser and Peters, neither of whom strike me as staunch upholders of ‘political correctness’), given how little regard you appear to have for NZF.
(As an aside, I’m not sure why Armstrong is so sure he knows Shearer’s mind – he’s obviously heard Shearer say more than he’s been reported as saying – but I guess he is a political journalist … It would have been good to hear Shearer say these things to the public if, indeed, Armstrong has it from the horse’s mouth, as his tone strongly implies – “Shearer will …”, etc..).
I’m not convinced by this argument that Shearer represents the forthcoming defenestration of Māori, women, gays, the disabled, and so forth as a matter of doctrine, although folk who hope it does have been eager to say so — Armstrong, Audrey Young, Trotter amongst them. Shearer’s MSc was on the tension between Māori cultural values and environmental resource management, and he has worked on behalf of Māori in that field, preparing Tainui’s land claim to the Waitangi Tribunal and looking at sultural issues around wastewater treatment in Auckland. I have as yet seen no evidence that Shearer represents the social “right” of the party either. His pairing with Robertson as deputy certainly seems to counterindicate that argument. He says he’s “right in the middle” of Labour, though I suppose he would say that. I am open to persuasion on both these points, however, and if such defenestration does occur I may yet come to regret my support for Team Shearer.
But I think there’s also a misreading of my “loyalties”. The much-loved canard around here and at Trotter’s place is that I want Labour to be an “identity politics” party, whereas, in actuality, I want an end to the infighting that pits “the workers” against other marginalised groups or seeks to subsume everyone’s needs to those of straight white blue-collar blokes. All must have a presence within any progressive movement. I think there’s a false dichotomy that to appeal to “middle New Zealand” a party must be just a wee bit racist, homophobic and sexist, because that’s what “middle New Zealand” is. I don’t agree; although I can see how that is one route to popularity, I don’t think it’s one that’s very suitable for Labour.
Notwithstanding all of that I do think that being able to break the factionalisation and patronage — crudely expressed by Damien O’Connor — that has resulted in a weak list and a dysfunctional party apparatus is the most crucial task facing Shearer, and I can see how this could be spun against him. But on balance, getting the overall institutional and overall health of the party back on track is the priority. As long as it’s not simply replacing one lot of factions with another.
It’s just convincing insecure pricks like Armstrong that they’re not missing out (and normal people who are perfectly fine), while they lift everyone up.
Been one of the problems with the left for a while – not taking middle NZ with them in their thinking and just expecting them to “get it” after it’s done and dusted.
You can see how the Nats do it better with their policy formation and with the task forces they set up, they admit there is a problem that needs to be solved in some way, get a team of “experts” in place, get feedback from all quarters then create policy based on it (even if they were planning that policy all along). It’s a great way to create a narrative that the electorate can follow to understand policy or at least get some understanding that a problem that needs to be solved exists in the first place.
If it looks in the slightest way controversial or a potential wedge issue they will use this method.
I think previously you’ve noted the importance of symbolism (e.g., in the early days of the MP coalescing with National).
There is a danger that the symbolic projection being attempted (‘we are ordinary New Zealanders too’ – whatever that means) can box Labour in when it comes to ‘judgment calls’ on those social issues.
Trying to benefit electorally from symbols you don’t really believe in (in its crudest form, ‘dogwhistling’) can bite you back.
I think, for example, that Shearer may well be keen not to “get in front” of middle New Zealand on any of these issues (wasn’t that one of the concerns about Clark’s government, for ‘middle New Zealand’?).
That’s fine and pragmatic, and doesn’t mean necessarily being a little bit racist, homophobic, or whatever. But it might mean muting your commentary and positioning on those issues a tad.
And that could make some, at least, leap from the windows rather than waiting to be ‘defenestrated’.
I think that’s the challenge with the more ‘centrist’ positioning.
PG, I think that is the challenge with a more “centrist” positioning, but ultimately the long game is what matters. It’s mostly futile to try to campaign outright on unpopular topics — or those that are “in front” of popular thought, as you aptly put it — when you don’t control the agenda. Clark found out in 2004/5 when Brash hijacked the agenda at Orewa after a very progressive first term, and again in 2008 when the s59 repeal became a de facto government bill about the childless lesbians Helen Clark and Sue Bradford* wanting to personally bring up Waitakere Man’s kids.
I daresay there will be a lot of ideological austerity shared about over the coming term, not limited to the usual whipping children of progressive movements, but likely encompassing the unions and hard-left factions as well (and much of this may be pinned on Shearer to frame him as a “right” leader, when his hand may have been forced by political circumstance.) The project is to rebuild Labour as a political force, because if Labour continues to decline nobody — not Māori, not women, not the unions — is going to benefit.
Sometimes discretion is the better part of valour. My major stipulation is that whatever gets nudged out onto the ledge, as it were, is done with due engagement and consideration of those it impacts, not simply decreed by the leadership as being “not a priority” (and if you disagree you’re a hater and a wrecker).
* Notwithstanding the fact that neither are lesbians, and Sue Bradford isn’t childless.
Posted on 10:48, July 21st, 2011 by Lew
In this post I argue that ACT’s apparent willingness to undermine the MMP system that has kept them alive isn’t so much a death wish as a wish to be welcomed back into the National party as a faction, rather than a stand-alone party; to ensure influence from within rather than relying on influence without. I wrote most of this late at night and cobbled it together from several pieces I’ve had banging around a while with some more recent stuff appended, so you have my apologies if it’s a bit disjointed.
Fairfax political journalists Andrea Vance & John Hartevelt have a pretty sharp piece up, calling the ACT-National deal in Epsom a shameless power grab. I wrote about this topic a few days ago. Their analysis is pretty good, particularly the argument that National may have difficulty compartmentalising future ACT scandals away from National, having taken such direct responsibility for shielding ACT from the rigours of electoral democracy. They also make the point that I and many others have made about the dual exploitation-illustration of MMP’s flaws:
MMP, and particularly exploitation of the free-rider rule, is what has kept ACT alive since the 2005 election, when the party’s support dipped to its record low of 1.5%. Supplementary Member is the system that Brash personally supports, and although there is no official preference, this is widely regarded as being the system most preferable to most National party members and the wider ACT party also. SM, as proposed with a 90-30 electorate-list split, would indeed be worse for ACT as an independent party, requiring it to get something like
So on paper ACT supporting a non-MMP system looks like a turkey voting for an early Christmas. But I think the game goes deeper than that. ACT has in recent years abandoned its claims to being a classical liberal party, and is now basically a more hardline version of National’s dry petit-authoritarian conservatism, with a few casual nods to “freedom”, such as in alcohol policy. In recent months it has been colonised by the former right of the National party (Brash and Banks, most notably; also “National in Gumboots” Federated Farmers former president Don Nicolson). Both the former were until very recently long-standing National members whose tribal loyalty undoubtedly lies with that party. They see it as having strayed from its roots, and while they undoubtedly appreciate its newfound popularity with voters, they have repeatedly expressed strong concerns that the party has lost its way, and an intention to bring it back around by putting “reinforcing steel” into its governments (in the words of John Banks). Both, I think, would join National again in a heartbeat if National would have them, and would permit them any influence. An electoral system switch to SM makes that a more viable possibility, and brazenly exploiting both the two major flaws to which most people object in MMP — the threshold free-rider rule and the “back door” rule that lets a rejected candidate such as Don Brash back in on the list — sets up a reasonably strong case against MMP.
Supplementary Member has the worst features of both FPP and MMP. It has high noise (the variance between the makeup of the electorate’s votes and the makeup of the resultant parliament), delivers huge incumbency advantages to parties that hold many electorate seats (because there are more of them), severely marginalises smaller parties by reducing proportionality, and despite all this does not meaningfully solve the symbolic split between “legitimate” electorate-based MPs and those who ‘only’ come in on the list, nor the threshold, “back door” or “horse-trading” objections that most critics name as MMP’s worst flaws. (BK Drinkwater modeled FPP, MMP and SM against each other using election data since 1996, although bear in mind that for SM, these figures assume a 70-50 electorate-list split, which is considerably more proportionate than the 90-30 proposed).
National holds many more electorate seats than Labour, and has nearly always done so, even when its popular vote has been lower because its base of support is less concentrated in inner-city and suburban electorates. Any system of reapportioning electorates on the basis of population will continue to entrench this advantage. Under MMP, it is not a very significant advantage; under FPP and SM, however, it is. ACT’s electoral support, both in electorates and nationally, is very weak, largely because their policies are purposefully divisive, with the intent of galvanising a small proportion of “right thinking” voters against the mainstream. National’s strategy since 2006 has been to occupy the centre-ground and cannibalise Labour’s votes in a zero-sum fashion. This has been a strategy of necessity — the 2005 election demonstrated pretty categorically that divisive politics, no matter how much money you could throw at it, no matter how favourable the cultural terrain, or how good the propaganda, was not a winner for National in an MMP environment. The incumbency and electorate edvantage delivered by SM, however, would cushion them against voter discontent and permit a more hardline approach: one that included ACT as a faction within the National party, as it previously was. So under SM, ACT doesn’t need National to throw it a bone, and National doesn’t need to rort the system to extract electoral advantage: National under SM will enjoy sufficient advantage to simply absorb ACT and its policy programme, and its governments will be emboldened to enact divisive or unpopular aspects of that programme without the same fear of electoral blowback that now constrains it. ACT’s strategy is therefore an insurgency against National; one that may be permitted by National, contingent upon the adoption of a more beneficial electoral system.
A further comment on Labour’s response in Epsom is also warranted. Arthur (in comments to my post linked above) suggested that the best way to nix ACT in the 2011 election is for all Labour and Green voters to cast electorate votes for the National candidate, Paul Goldsmith, in the hope that this will send a signal to National voters who are unhappy with the horse-trading between ACT and National that it might be worth defecting. This is, in principle, a strong strategy, and it has been picked up by some Green supporters as well. But I think it’s the wrong strategy in this case, for five reasons. First, it’s a complex and counterintuitive strategy, and it’s extremely hard to get so many people (on both sides) to act against their own instincts like that. Second, the value proposition made by ACT (six for the price of one) is simply too good for a meaningful number of National voters to pass up. Third, it would require Labour to publicly endorse a National candidate, which would permit John Key to proclaim that “even the opposition supports the National party”. Fourth, the electorate demographics for Epsom don’t stack up: this electorate bleeds blue and even if a fair proportion of disgruntled Nat voters defected, I don’t think there would be enough Green and Labour voters to prevail. Fifth, it would require Labour to buy into the electoral-system rorting, making them no better than the National and ACT parties.
Labour looks like it will mount an ‘economic dry’ insurgency by standing David Parker in Epsom. This is a better strategy because it is vulnerable only to the objections two and four above (the positive-sum value proposition, and demographics). These will probably still mean that it is unsuccessful in terms of winning Labour the electorate and denying ACT parliamentary representation, but it also has the advantages of fighting the national and ACT parties on their own turf — economic responsibility — and in demonstrating that even when they’re down, Labour fights fair and respects the integrity of the electoral system. Most crucially, however, whatever strategy is adopted by the left in Epsom must be coordinated. The two proposed strategies (vote Goldsmith and vote Parker) are contradictory: one must be abandoned, and soon, in favour of the other. Because if the Green faction goes into Epsom with one strategy and the Labour faction goes in with another, there’s only one winner: ACT.
This evening Paul Goldsmith won the Epsom candidacy for the National party. Goldsmith
He will be standing against ACT candidate John Banks, who is the subject of a hagiography by Goldsmith titled “John Banks: A Biography” and published a few years before Banks stood for his first term as Auckland mayor, which he won in 2001.
ACT is led by Don Brash, who is the subject of a similar tome — I haven’t read this one, so I will refrain from calling it a hagiography in such specific terms — titled “Brash: A Biography”, also by Goldsmith and published as Brash was whipping up race hatred as leader of the National party in order to win the 2005 general election, which he did not.
So unless someone can explain to me again how National is going to contest Epsom strongly by standing the hagiographer against his subjects, this is simply a renewal of the Hide-Worth electoral rort, where a nod and a wink permits National to elect Banks and exploit the free-rider loophole in MMP; all the while campaigning against MMP due to flaws such as the free-rider rule, and the ‘back door’ rule which will in all likelihood get Don Brash back into parliament despite his having been rejected in 2005 — not only by an electorate, but by the whole nation as leader of a failed National party bid for government.
And fair play to them. If the electorate won’t punish them for doing so they’d be rude not to.
Posted on 20:37, July 12th, 2011 by Lew
Dear ACT Party Leaders,
As you may know, I was brought up in Wanganui, and keep an eye on events there. So it was with great interest that I received the below letter, published in the Wanganui Chronicle on 8 July 2011.
ACT’s announcement of the second ‘Don’ in the ‘Don and John’ lineup today was well-received, and if I may be so bold as to say so, I think the author of this letter also has a lot to bring to their table. I quote it in full:
I believe Mr Brougham’s Qualifications for Candidacy are Strongly Evident in this Letter. It provides a striking yet unconventional Insight into New Zealand history, weaving back together the varied strands of the rich Tapestry of our origins which Revisonist Historians who hate their own Culture have spent hundreds of years unpicking. In particular, he illustrates comprehensively how Maori, far from being Indigenous, were simply the first wave of Hostile Asian Immigrants to these fair shores. He shows due respect for our Noble Celtic Elders, who were clearly Men who thought like Men, and he recognises their manifest superiority over the Maori, in Warfare, Navigation, Art, and undoubtedly in other Fields as well. Despite his modest claim to not being an Expert, he is clearly Learned, but this does not prevent him Sharing his bountiful wisdom with others, as Readers can see by his patient Explanation of what a ‘birlinn’ is.
Furthermore, Mr Brougham has confirmed himself to be of Sound Mind regarding other crucial policy topics of our Time — protesting strongly against the ‘h’ being forced into ‘Wanganui’ by those same forces of Revisionism, and against the Emissions Trading Scam, by supporting the Endeavours of that noble veteran of the ACT ranks, Muriel Newman — herself also a believer in the undeniable Truth of New Zealand’s Celtic Settlement, and who herself certainly thinks like a Man.
Moreover, Mr Brougham already has more than a Decade’s political experience, having stood under the mighty Equal Rights banner in local body Elections, and for the OneNZ Party (a Sister to the redoubtable One Nation party in Australia) at the National Level. Indeed, while the 0.67% of the Vote he received in the 2005 General Election is unjustly low, it is similar to what the ACT Party is presently polling.
As one final thing, everyone knows that to succeed in politics you need a strong Hand. With the unfortunate departure of John Ansell, ACT presently has Two Pair — Don Brash and Don Nicolson, John Banks and John Boscawen. As everyone knows, Two Pair is a strong Hand, but not strong enough to ensure Victory. Adding Mr Brougham would restore ACT to Full House status, giving the party a Hand that could only be beaten by Four of a Kind (which I think we can all agree is unlikely); or a Smith & Wesson which, as the lore of our American brethren confirms, even beats Four Aces (this is also unlikely because the Liberal Culture-Hating Revisionists are too afraid to permit Noble Celts from arming themselves against Tyranny). Mr Brougham would complete the Full House because, as you wise Celts of the ACT leadership are surely aware, “Ian” is simply a Celtic rendition of “John”.
Mr Ian Brougham is well Qualified to join the Great ACT party, and he has the courage to speak Truth to Power. New Zealand needs him to return it to Celtic Glory. Nevertheless I must state I have not Approached Mr Brougham to ascertain his Willingness to stand for ACT, an exercise I shall leave to the ACT Leadership.
Trusting that you will consider this Recommendation with all the Gravity it deserves,
Tonight’s Native Affairs debate between Pita Sharples and Don Brash is now up on their website, and it is must-watch television for a few reasons. The first and most immediately evident is Julian Wilcox’s quality as an interviewer and moderator — this was not a structured debate, with time allotted and mechanical switches between speakers, nor preset, pre-scripted questions. It was a free-flowing affair, with Wilcox acting as both interviewer and moderator; and throughout the two speakers were respectful, genuine, and both had ample opportunity to get their points across. It was superbly done. (Hone Harawira, in a later discussion, twice jokingly invited Wilcox to stand for Te Mana, but for mine he’s too valuable in the media.)
Another reason it was remarkable was because of Don Brash’s bizarre, out-of-touch equation of sentimental or cultural attachment to natural features — maunga, awa, moana and so on — with “animism”. It’s a perverse position to take, given the deep connection New Zealanders — both Māori and Pākehā — have to their landscape, about which I’ve written before. Imagine, if you will, a series of billboards featuring Aoraki Mt Cook, the Waitemata Harbour or Rangitoto, the Waikato or the Whanganui, Wakatipu, Taupo, or my own ‘home’ mountain of Taranaki — with the legend “Brash thinks this is just a lot of water”, or “Brash thinks this is just a rock”. If ACT were politically relevant, it might be worth doing.
Like the gangstas of Staten Island legend, this sense that only what’s literal and material matters, that when push comes to shove, money trumps everything is integral to the faux-rational actor model to which ACT subscribes, and this leads into the major thing which made this interview important:
(Image snapped by Michael John Oliver, via twitter, thanks!)
And a brief transcript:
Brash: “Pita, I put …”
Don Brash, the archetypal white rich guy, brought along a fifty dollar note — a note that many poor Māori voters rarely even see — to a debate that was substantively about the reasons why Māori are politically, socially, and economically deprived.
To appeal to Sir Apirana Ngata in a newspaper advertisement — as Brash did this weekend — is merely crass. To bring that actual visage in as a prop in an argument to dismantle the Aotearoa that Ngata and others had worked to build — that, as Sharples said, Ngata was criticised for being a “radical” by rich white guys like Don Brash — and seeking to imprint his divisive and offensive policies with Ngata’s mana is offensive to the man’s memory. To seek to take personal credit for Ngata’s mana being properly recognised — “I made the decision” — is obscene. To play a statesman’s memory like a chip on a weak hand at the last-chance saloon is no sort of respect. It is the ultimate “I’m not racist” gambit — “look, some of my best banknotes have Maaris on”. I wonder if he would treat the memory of Sir Edmund Hillary or Kate Sheppard in this way. Distancing himself from John Ansell’s misogyny by saying “hey, I put a broad on the $10″ would be a thing to see. He had a decent crack at “I’m not racist, my wife’s from Singapore” back in the day.
Don Brash, during his brief run in politics, accumulated a series of bad images — “poor optics” as the lingo goes. Walking the plank, struggling to climb into the racing car, scooping mud out of his mouth at Waitangi, and so on. This image — of Brash big-noting to Māoridom, if you’ll excuse the phrase; showing them who’s got the Benjamins, or the Apis — should be one of the enduring memories of the campaign. Brash probably thinks it’s a smart symbolic play, but it calls to mind a bunch of things he doesn’t want to call to peoples’ minds — his own wealth, the extent to which he’s economically out of touch with those he claims to want to represent, and perhaps most of all an almost unspeakably flawed sense of political and historical reverence, which places him out of touch at a deeper level; a level of shared sentiment and aspiration, of common culture and values.
In television, the rule is: don’t tell, show. No matter how often he tells Aotearoa that he shares our views and aspirations, we won’t believe it unless he shows us. Since storming the lofty heights of the ACT party Brash is busily telling us that what we stand for what he stands for, despite 98.3% of the evidence contradicting that assertion. And now he’s showing us exactly the same.
Just one semi-randomly chosen article, on the Otago Daily Times website, but here are some numbers from it:
A. Don Brash denying allegations or refusing to comment: 4
That, right there, is a party leader under fire.
A is a problem because it shows Brash as weak and evasive.
For my money, it’s the last one which is most likely to sink ACT. If Brash doesn’t pull his head in sharpish, Key will be justified in cutting it off. And I reckon he would, sharpish. He’s not called the Smiling Assassin because of his gentle nature and tolerance toward poor performers. And even if Key doesn’t, Brash is up against some powerful stuff in those unity narratives. Nobody wants to back a splitter at a time when Aotearoa is supposed to be thinking and feeling and hoping as one.
[Updated 10 July 2011 to account for Don Brash's statements in response to John Ansell, and Ansell's resignation from ACT.]
Many have remarked on the appropriateness of the website of the ACT Party Parliamentary leader’s press-secretary, SOLOpassion, and many have made jokes about the sound of one hand clapping, or fapping, as it were. It is therefore entirely appropriate that ACT should become the butt of these same jokes, since they appear to have swallowed (implication most definitely intended) Lindsay Perigo’s paranoiac auto-stimulatory tendencies whole. His hand-work is evident in the party’s ever more deranged press releases, speeches, and most recently in this morning’s advertisement in the New Zealand Herald, titled “Fed up with pandering to Maori radicals?” and strategically timed for the end of Te Wiki O Te Reo Māori. The advertisement is worth reading; the image below is stolen from The Dim-Post. Read the comment thread over there; it’s magnificent.
There’s an awful lot wrong with this, but aside from the warlike verbiage, none of it is much different from ACT’s or Brash’s prior form, and since I’ve been over most of the arguments before I will spare you the full repetition. You can trawl through the Take Māori section of this blog if you want the detail. But just a couple of obvious things: the reasoning privileges Article III of the Treaty; that is, the article which gives the Crown a colonial payday, while neglecting Articles I and II, upon which the consideration of Article III rests. In terms of a contract, which is a way of thinking about the Treaty that ACToids might be expected to understand, Brash’s reasoning emphasises the payment for services rendered, while materially ignoring the requirement to actually render those services. (More on this theme here). Secondly, it’s more of the same selective history we’ve come to expect: our history as Pākehā matters and has value; theirs, as Māori, doesn’t — except for the bits Pākehā can turn to their advantage, like the decontextualised appeal to Ngāta.
But there is a broader point that this development illuminates. Race relations in Aotearoa has changed enormously in the past seven years. In the winter of 2004, the country was in the throes of Orewa madness. The māori party had just been formed, promising to deliver “an independent voice for Māori” in parliament. Eight years ago tomorrow Tariana Turia won her by-election, seeking to deliver on that promise. Don Brash was the leader of a resurgent National party who held a strong lead in the polls, and whose race-relations platform dominated the policy agenda. Now, Turia leads a hollowed-out party whose mandate and credibility are under severe threat from one of their own. Don Brash, having been ejected from the National leadership disgrace, now leads a party with less than one-twentieth of the electoral support he once commanded; a party he was only able to colonise after it was fatally weakened by a series of appalling political scandals, and then only by the narrowest of margins.
Under Brash National’s popularity stemmed from the fear of a brown nation that emerged from the foreshore and seabed debate and the māori party’s formation. As far as the general electorate of Aotearoa is concerned, those fears were not realised. As far as Māori are concerned, the māori party’s results have been disappointing to say the least. As far as the established political power blocs are concerned, the māori party has proven a very dependable agent their political agendas; even while disagreeing with many of their positions, both National and Labour recognise that the māori party are invested in constructive collaboration with the Pākehā mainstream, not in its destruction. I’ve long argued that the initial purpose of the māori party wasn’t to effect sweeping policy change, but to create cultural and political space for kaupapa Māori politics, and to establish the credibility of same. For all their policy failures, they have succeeded at this task in spades; perhaps they could have afforded to succeed at this task a little less. But largely as a consequence of the sky not falling after the passage of the Foreshore and Seabed Act and the emergence of the māori party as a credible political force, neither National nor Labour have any truck with ACT’s vitriol. Don Brash, his “one law for all” rhetoric, and his scaremongering are firmly on the outer.
Even further out on that slender but flexible branch is the architect of Brash’s Iwi/Kiwi campaign, probably the best campaign of its type in our recent political history and certainly one of the most memorable: John Ansell. Ansell’s rhetoric had become distasteful enough by the time of the last election that even the ACT party — then under the leadership of Rodney Hide — refused to use much of his best work. Thereafter he was picked up by the Coastal Coalition. A less credible gang of fringe loonies it’s hard to imagine; one of its principals, Muriel Newman (who, shamefully, was invited by Radio New Zealand to speak as an authoritative expert on the WAI262 Treaty claim) believes that pre-Tasman Aotearoa was settled not only by Polynesians but by “people of Celtic and Chinese ancestry as well as Greek, French, Portuguese, Spanish and others“. Ansell’s own views on race are similarly bizarre; Māori, he reckons, are “not a race, but a religion“.
Ansell is now reduced to ranting in Kiwiblog comments, and is as critical of ACT as he is of everyone else. Even there, though, his views hardly find great favour, with more people objecting that his campaign is distracting from the “real issues” than supporting him. His contribution to the thread about the Brash advertisement — it’s not clear whether he was involved in the ad’s production or not — is a magisterial display of racist, misogynist essentialism, and I think it really gets to the heart of the paranoiac auto-stimulatory tendencies to which I referred earlier. I quote his initial comment in full:
[Update: A NZ Herald article titled Act ad man blasts 'apartheid' contains more such statements from John Ansell, who is ACT's creative director; and in it Don Brash distances himself from them, saying "I don't want to associate myself with those kind of views at all". He may not want to, but he is. His own press release issued in conjunction with the advertisement above calls any form of "preferential treatment" -- such as concessions granted under Article II of the Treaty, which ACT apparently does not recognise -- "a form of apartheid". Perigo is fond of the term, and also of referring to Māori, Muslims and anyone else who doesn't quack like an Aryan duck as "savages". Moreover the prospective MP for Epsom, John Banks -- who represents the kinder, gentler face of the ACT party -- also has form on this issue, having previously referred to Māori TV as "Apartheid Television", and holding views generally very comparable with those of Ansell and, in some cases, with Perigo. So Brash's will to not be associated with such views really raises a question: will he, in order to dissociate ACT from these views, fire his creative director, the press secretary for his Parliamentary leader, and the only MP likely to win an electorate? I rather doubt it, but I believe Aotearoa deserves answers.]
[Update 2: Ansell is gone. One down; how many to go?]
As Russell Brown said, Ansell’s comment is “essentially an incitement to race war“, and I don’t believe Ansell himself would deny that. But it’s more than that; it’s also an incitement to sex war. It’s easy enough to dismiss as the usual sort of dark mutterings, but hang on a minute: this fool is claiming to speak for me, and if you’re a man (or a woman who thinks like a man, whatever that is), he’s claiming to speak for you too. But he doesn’t speak for me. To head off the inevitable speculation, I’m hardly what you’d call a feminised liberal pantywaist; I have a beard, I hunt, I fish, I provide for a family; I like whisky and brew my own beer; I like rugby and rock’n’roll and Rachmaninov, and breaking things to see how they work; I’ve spent years studying martial arts and I’m trained to do or have done most of the things on Heinlein’s list. I wear a Swanndri to work in an office on Victoria Street, for crying out loud.
But in my world, masculinity isn’t measured by warrior prowess or the vulgar ability to force one’s will upon others, whether by physical, social or legislative means. Those things, as anyone who’s studied totalitarianism will tell you, only garner a mean and hollow sort of respect; the sort which dissipates as soon as the heel is lifted from the throat of the oppressed. No, in my world, masculinity is judged by honest work, truth and wise counsel, respect and tolerance, forbearance and understanding, accommodation and partnership; from love and support, and strength of a kind which intersects with but is not eclipsed by that to which Ansell appeals. As I have argued before, that sort of view — the dictator’s view that power comes from the barrel of a gun, that only the whims of the mighty matter — is a bare and miserly sort of humanity. And if that’s how Aotearoa actually is, then I say: come the feminised, Māorified revolution, because we desperately need it.
Of course, it’s not. Ansell no more represents Aotearoa’s men than Muriel Newman does its women, Lindsay Perigo its homosexuals or Don Brash does Pākehā. Their methods have become unsound. As Conor Roberts put it, “if you gaze for long into the sub-5 percent abyss, the sub-5 percent abyss gazes also into you.” Let’s see how long they can keep gazing.
My thoughts on Te Mana aren’t very mature — they are very mixed, and quite primary, and I’m afraid I’m not very well informed. I’ve also been insanely busy the past few months — and especially the past month, and have had little time to focus on it. But last week I received a request by email from a regular KP commenter to post my thoughts on Te Mana, and what follows is a somewhat expanded edit of the reply I sent to him.
The initial comments suggested concern that Te Mana might be “opportunistically” taken over by the Pākehā “far left”, and I do agree that Te Mana needs to be Māori-led, and its functions need to be safeguarded against hijack by the usual bandwagon-jumpers — among whom I include folk like John Minto, Socialist Aotearoa and so on. The māori party, I think it’s now pretty clear, has been significantly colonised by Pākehā interests on the right, and if Te Mana is to prove any more robust, it must insure itself against the same happening from the other side. As a minor party, above all it needs to have focus and discipline, and too many chiefs (as it were) will lead to factionalisation, and that’s to everyone’s detriment. I’m not opposed to diversity within a movement, but I am against the leaders of one noisy faction taking over a movement for their own ends. That’s the major risk I see from people like John Minto and the principals of Socialist Aotearoa taking a prominent role: their vision isn’t the same as Hone’s, and although I expect they understand that, I’m certain the rank and file they command do not. Moreover, I think they’re a liability — even more than Hone is a liability, if possible — because they will turn off Māori as well as non-socialist Pākehā. That’s as far as my reasoned thoughts on the party’s internal dynamics go, and I welcome comment from anyone better informed on this topic than I am.
As far as where the party sits within NZ’s wider political context I think I have a better handle on things. The conventional wisdom about ACT and Te Mana engaging in a bit of mutual base-engagement is pretty good, but still a sideshow. The main event is (as ever) between National and Labour, and Te Mana’s relevance here rests on four main points.
First, Te Mana, with Hone likely to win Te Tai Tokerau, should be self-sustaining, at least for now. It needs to stand tall in the by-election to prove to people that they should support it in the general election. As far as Te Mana’s brand goes, the establishment Left distancing themselves is not really a bad thing (much more on this later). Te Mana needs to attract disenchanted māori party voters, and those who can’t be bothered voting for those parties. Its constituency needs to be positive-sum to as great an extent as possible, because the existing electoral offerings are broadly zero-sum.
Second, this is the establishment Left’s opportunity to say “for the past decade and a bit, National have been scaremongering about how we’re loony fringe extremists; socialists, communists, environmentalist haters of humanity, run by anti-family lesbians and all that — now Aotearoa gets to see what a real radical left party looks like.” The truth is that the Greens are perfectly moderate and gentle, and Labour are so ferociously orthodox they pose no meaningful threat to the established order of things, and Te Mana gives them a chance to illustrate that.
Third, and further to the second point, Te Mana provides Labour a crucial opportunity to differentiate from National. While historically the right has taken great glee in painting the Greens as the left’s equivalent of ACT, this is bogus. ACT is a genuine extremist party, espousing positions abhorrent even to many right-wingers, whose electoral existence in New Zealand relies upon them gaming the MMP threshold exemption because for most of the past decade they have been unable to persuade even one in 20 voters to support them. The Greens, on the other hand, represent a global movement whose positions and support are becoming more, not less, mainstream, and while not exactly rocketing skyward, their support remains strong and is steadily climbing. As much as the right wishes to claim the Greens are ACT’s left-wing equivalent, it is Te Mana who more appropriately fills that role. John Key was swift to label ACT and Don Brash ‘extremist’. He’s right, but he’s also protecting National’s voter base. This was tactically smart but strategically foolish, because Labour now get to label Te Mana as ‘extremist’ (‘radical’ is more correct, but that’s a technicality) and then say “National are working with the guy they admit is an extremist — we’re ruling out working with the extremist Mana Party. We’ve been telling you this whole term that John Key is a wolf in sheep’s clothing, and now he’s proven it.” They’ve done the first bit and I can only hope they have a plan to do the second bit, reclaiming the boring harmless sensible moderate ground they so richly deserve to hold.
Fourth (this wasn’t included in the email but is something I’ve argued elsewhere): while many people have pointed out that the by-election will cost money, which the three parties contesting it don’t have much of, by the same token it gives those parties an opportunity to go into the general election with a bit of momentum. It will give them a fair bit of media exposure (not all of which will be favourable), an opportunity to field-test their lines and positions. Most importantly, it will give the people involved — the candidates themselves, and the campaign managers and organisers and doorknockers and drivers and ringawera — valuable frontline experience. Falling into a rugby analogy: it gives the parties a chance to build match-fitness for the main event which follows.
Finally, I think the best outcome for both Labour and Te Mana here is the one Morgan has persuasively argued is most likely — for Hone Harawira to beat Kelvin Davis by a slim margin. Davis is a strong MP, if inexperienced, and although marginally placed at 33 on the list, should get in at the general election if Labour can at least maintain their polling. A tight contest will light a fire under both parties, which is valuable in and of itself. Hone Harawira has remained mostly true to his principles, undoubtedly represents a constituency and thus possesses at least a moral mandate to represent those who vote for him; Davis, also, but those principles are also represented by the Labour party. Hone would (on present polling of about 3%) bring in a couple of others, who would be in a position to advocate radical positions and apply pressure to the māori, Labour and Green parties while permitting Labour and Green to solidify their claim to the middle-ground, and would give the parties of the left an opportunity to feel each other out and reposition. More to the point, in terms of November 27 realpolitik, the lesson of NZ First in 2008 should be clear: if Hone doesn’t win his electorate and Te Mana doesn’t pass 5%, those votes are wasted, and National will be the main beneficiary. Labour’s future — in 2012 as it was in the past — is not to go it alone as the all-singing, all-dancing united left party, but at the core of a wider movement including the diverse and often misguided voices which characterise the wider left. Those horses (as has been exhaustively demonstrated by the NewLabour, Alliance and Progressive parties) cannot be bound by the same rope, and sometimes must be given their head.
This post is more rantish and more polemic than even my usual here, and although I’ve said all this before (it seems like hundreds of times) I feel the utter dearth of understanding of what the Treaty of Waitangi is all about — particularly among Pākehā — necessitates it being said again. Forcefully.
Danyl Mclauchlan is someone who, for the most part, gets it, and over the past few days he has put up a couple of very smart posts on the topic. Both are worth reading, and the comments to both also, if only for a view of the howling gulf which passes for understanding of Aoteatoa’s fundamental history among what is probably one of the largest, smartest, and most liberally-minded blog communities in the country. But I refer to the second, and in particular the three points which Danyl argues nullify Don Brash’s claim that Māori should be treated no differently to any other ethnic group in New Zealand:
The first really is the beginning and the end here. The other two are good and worthy, but rest on the utility of those particular goods (value of the culture, wellbeing of Māori people) rather than on hard principle. That permits the “One Nation” lot to argue the waffly details and ignore the fundamental point, which is this: the Treaty of Waitangi provides a settlement right to Tau Iwi, and in particular grants the Crown the right to establish government, from which all future settlement (and other legal and civil society) rights devolve. Nothing else in the factual historical record of New Zealand history grants that right. Nothing else. You take that right and you accept the terms under which it was agreed, or you leave it. Successive generations of settlers have chosen to accept it, and that’s a wonderful thing. But it is not a right which can be enjoyed without obligation.
Hobson and his lot had no rights to settle here until they were granted by the Treaty. Sure, he could have tried — but they were outnumbered 20 to one by well-armed, well-trained soldiers who’d by that point been fighting wars on land and sea for generations, who had a complex internal economy and international trade systems up and running for more than a decade, and who were swiftly becoming cognisant of the realpolitik of the day. You could argue the settlers would have prevailed in the end, and you’d probably be right — but in point of fact that’s not what happened. In any case, if Don Brash or anyone else want to go down the repugnant path of claiming swordright over Aotearoa, they’re welcome to try.
Hobson drafted the Treaty and agreed its terms on behalf of the Crown, and consequently Tau Iwi were granted by Tangata Whenua the right to settle, to implement laws and so on, under conditions stipulated in the Treaty. The opening words of Article 3, the one which Don Brash and the other “one nation” bangers love to quote is “in consideration thereof”; the deal is contingent on the agreement being honoured. One other thing. To all those folks who argue it’s a “relic”, there was no expiry date on the Treaty. It gets amended or disbanded according to the wishes of its signatories, the two parties to it, or their descendants as appropriate. And by no other means. People of today remain bound by the decisions of the governments of yesterday. On the other thread Psycho Milt makes this crystal clear.
So it’s really very simple: as Tau Iwi, if we live here in Aotearoa, we have an obligation to do our bit in ensuring the Treaty gets honoured. Because to the extent it remains unhonoured, we’re in breach of the only thing which grants us any enduring legitimacy, the only agreement which gives us a right to be here. One of the basic, fundamental principles of the English civil society which Hobson represented, and which New Zealanders continue to hold dear today is the notion of adhering to one’s agreements; acting in good faith. In fact, Hobson’s instructions were to deal with the Māori in good faith as equals.
Pākehā society, by refusing to honour the Treaty, isn’t honouring its contract with the Tangata Whenua of this land. That breach is not the breach of some airy fairy notion of being nice to the natives. This is not some set of alien strictures; it is not some Mosaic law handed down from on high, to which we must adhere for fear of divine punishment, and most certainly it is not a set of principles insisted upon by Māori in order to weaken the Pākehā bargaining position. This is Pākehā culture in its purest, most idealised form! By failing to honour the Treaty Pākehā society is in breach of its own most fundamental and hallowed principles. The economically dry parties — ACT and (lately to a much lesser extent) National — who are most strongly opposed to honouring the Treaty are doubly guilty in this regard, because they know better than anyone that reliable contracts are the foundations of good society. The responsibility of adhering to one’s agreements is at the core of their philosophy.
Well, I’m Pākehā, and even if those other pricks won’t live up to their own declared standards, I want to honour my agreements, and those of my forefathers; and those made by people from whom I’m not descended but from which my 20th-Century immigrant grandparents benefitted. This Pākehā, at least, pays his debts. I do not carry guilt for the 170-odd years of breaches to date — I carry the responsibility for making right. What form will that take? Well, that’s a wider question and one to be properly decided by society at large.
By failing to honour the Treaty Don Brash is in violation of his own stated principles as the representative of a party which believes in responsibility. By failing to honour a Treaty drawn up by Pākehā, on Pākehā terms and according to Pākehā custom, we as New Zealanders are, more than anything, violating ourselves.
There’s a follow-up to this post and discussion here.