Shame on the Herald

… for trying to run game on New Zealand, scaremongering the Foreshore and Seabed hÄ«koi:

That was on page four of the dead tree edition, and online here, under the headline “Opponents put up roadblocks to bill”. Use of this outrageously unrepresentative photo makes a number of unjustified implications which aren’t present in Claire Trevett’s generally factual and balanced article. These include:

  • Most obviously, the suggestion that the marchers are gang members, with the implication of violence and public menace that creates, despite the fact that the march was peaceful having been mentioned in the opening sentence of Trevett’s article;
  • Creation of a general equivalence between Māori protesters and gang members, with all the racism that implies;
  • The suggestion that opponents of the foreshore and seabed legislation are acting on a separatist “black power” imperative, when the article makes clear that the opponents mentioned in the headline are an ideological grab-bag consisting of the ACT and Green parties, and Hone Harawira;
  • The suggestion that the marchers are literally blocking roads, when the article makes clear that the roadblocks referred to in the headline are metaphorical, and little more than the usual sort of procedural delaying tactics employed in Parliament to drag out the progress of a bill — in this case until next week, when the hÄ«koi reaches Wellington.

The core message of this choice of photo to accompany what is mostly a story about the trivial frustrations of a government trying to pass an unpopular law is this: Māori radicals and gangs are forcibly blocking this law, and they will block you from the beach as well.

It would be absurd if it wasn’t so offensively misleading.

(via Pascal’s bookie)

L

Double-tracking

Danyl Mclauchlan posits a conspiracy theory:

there is a pretty great opportunity to use the Maori seats to rort the system: if you had two Maori Parties, one that ran electoral candidates in six out of the seven electorates and only canvased for electorate votes, and another that had a safe seat in the seventh electorate and only canvased for party list votes in the other regions then you could, conceivably, end up with a dozen MPs (albeit with some overhang due to your electorate imbalance) and hold the balance of power in perpetuity.

Danyl’s scheme is essentially what the Greens tentatively proposed before the last election: green voters in Māori electorates consider casting electorate votes for the māori party candidate, and māori party voters cast their party vote for the Greens. The proposal was rejected by the māori party, which at the time was (in my view) a tactical error but a wise strategic choice.

It was a tactical error because of the efficiency argument (a positive-sum alliance permitting the two parties to extract more parliamentary representation from the same base of electoral support). But without the benefit of hindsight it was a good strategic move because the māori party’s whole point was not to be shackled to the ‘Pākehā’ parties, and its long-term survival still likely depends on its establishing its own persistent powerbase; one which could stand a chance of surviving even the abolition of the Māori seats. The only way to do that is to grow the party vote by strengthening ‘brand’ support among its electorate. (Also the proposal was made quite late in the campaign, and the potential for voter confusion was high.)

Those factors which made the plan a strong strategic risk for the māori party in 2008 now no longer obtain, or at least not so strongly. It has largely sacrificed its independence from the Pākehā political mainstream anyway, and could potentially lose considerable support for that reason. It may hang onto electorates, but it is likely that ‘brand’ support is lower than before. So with the benefit of hingsight, they might as well have gone with the Greens last time. Nowadays, they have a radical wing-man in Hone, who will work with them and who shares, despite all the rhetorical ructions, considerable common ground with the party’s other members and its foundational kaupapa. They can work together; Hone working to attract the ‘brand’ support for an independent indigenous party, the existing māori party maintaining their electorate positions and continuing to work within the mainstream.

I’m not convinced this will happen — as the Richards say in comments to Danyl’s post, a lot of it is personality-bound — but it could work in principle.

There’s one other factor, though. Although ACT and National have been collaborating in this way since Rodney Hide was gifted Epsom, the moment the māori party and a new radical wing led by Hone start doing it, the headline will be “Maaries rorting democracy to establish an apartheid state”. Those who’ve been benefiting from this sort of positive-sum electoral coordination for years will be those most urgently banging that drum and waving those banners. That’s a powerful disincentive.

Edit to add: Of course, there’s also a referendum on MMP on the day of the election. A scheme such as this would be an outstanding means of undermining MMP’s popular support and endangering its future.

L

Hard rain’s a-gonna fall


The past week has illustrated in clear terms the New Zealand Labour party’s decline as an effective opposition party. In the opening moments of election year 2011, John Key has stepped up to demonstrate the full extent of the National government’s apparent impunity. He has done this in three ways.

First, by fronting Morning Report, Nine to Noon, Campbell Live and other tier-1 hard-news media to outline his intention to partially privatise SOEs. Privatisation, since the Fourth Labour Government, has been a ‘third rail’ issue; one the NZ left is unequivocally opposed to. By going into bat for privatisation personally, and in considerable policy detail, Key confounded criticism which has been (justly) levelled at him throughout the electoral term so far that he often refuses to show up on hard media, while continuing to keep regular spots in soft formats like Breakfast, and on less rigorous media such as Newstalk ZB. He also invested his own (considerable) political capital in the enterprise, making privatisation a matter of his own judgement and credibility.

Second, he sought out and is revelling in the controversy caused by his “Liz Hurley is hot” stunt, undertaken on Radio Sport with convicted back-breaker Tony Veitch. In political terms, the first bit was no meaningful risk; Key has played the ‘frankly, I’m a red-blooded Kiwi bloke’ card several times before, always to good effect, and most notably when he informed a press scrum he’d had a vasectomy. The decision to undertake an interview with the disgraced Veitch was a considerably more risky proposition because of the nature of Veitch’s offending against his partner, combined with the subject matter of their conversation, and the fact that Key’s political appeal to women has been considerably stronger than previous National leaders. This seems clearly calculated to demonstrate what he can get away with; and the gamble has in fact paid off so well that Phil Goff today felt compelled to follow suit, suggesting a slightly sad “me too, me too” narrative.

The third of Key’s big moves was today’s dual announcement that the election would be held on 26 November, 10 months away and following the Rugby World Cup; and that he would not consider a coalition arrangement which included Winston Peters. Coupled with ruling out working with Hone Harawira outside his present constraints in the māori party, this declaration will provide considerable reassurance to National’s traditional base, and will scotch any possibility of wavering conservatives casting a hopeful vote for Winston Peters as an each-way bet. It is a risky proposition, though — Peters remains a redoubtable political force, and it is not beyond possibility that he returns to parliament. However I think Key has read the electorate well; he knows that while a small number of people love Peters, and a small number loathe him, many of those in the middle are vaguely distrustful of him. As Danyl points out, he’s managed to link Peters to Goff in a way which emphasises both leaders’ worst attributes: Peters’ polarising tendency, and the general unease and disdain with which voters view Goff. The decision to call the election so early is also bold. It means relinquishing the incumbent advantage of being able to control the electoral agenda; being able to determine when ‘government as usual’ ceases and ‘campaign season’ begins. This is an intangible but valuable benefit, and it has been traded off against another piece of reassurance: the sense that Key and his government are “playing it straight” with the New Zealand public; that they intend to run an open and forthright campaign and to seek an honest mandate for their second term. The choice of election date isn’t entirely selfless, of course — the All Blacks are odds-on favourites to win the Rugby World Cup, and even if they don’t, the tournament, its pageantry and excitement and revenue boost will bifurcate the campaign. The traditional campaign period will mostly be drowned out by this event, save for the last few frantic weeks.

In most election years, swapping agenda-setting rights for a “playing it straight” feeling would be a poor tradeoff. In most election years, a sexist stunt with a known and publicly reviled wife-beater would be a poor start. In most election years, running a campaign based on privatisation would simply be a non-starter. While the paragraphs above read somewhat like breathless praise of Key’s status as a political playa, that’s not my intent. I think he’s good, but mostly John Key just knows what he can get away with. The reason he can get away with all of these things is because there is no credible opposition to prevent him from doing so. Anyone half-decent can look sharp when playing against amateurs.

It has been Labour’s job to prevent the government from reaching the state of near-impunity they now enjoy, and their failure to do so means there is now a real danger that Key will get the genuine and sweeping mandate he seeks. To a considerable extent they were doomed in the task of preventing this from the outset, because they didn’t think it was possible that he’d ever achieve it. Clark Labour throughout 2008 fundamentally misunderestimated Key, writing him off as a bumbling lightweight, and this was a crucial error. Since well before the election — this example is from July 2008 — I’ve been arguing to anyone who’ll listen that instead of taking easy pot shots at Key based on his weaknesses, any critique should focus on his strengths. Quoting myself, from the above:

Key’s strengths [per the Herald bio], which enabled him to succeed as a currency trader: Decisiveness. Determination. Patience. Ice-cold calm under fire. Willingness to risk it all. Ability to follow through. Remorselessness.
If you want to attack John Key, draw attention to what might happen under a Key government. Given his history, he’s not some motley fool who won’t make sweeping changes – he hasn’t gotten where he is today by being timid. I think he has the wherewithal to roll out a sweeping programme of political and social change the like of which we haven’t seen since Lange, but I think that, unlike Lange, he won’t get cold feet. If you don’t like Key’s politics, I suggest you begin thinking about what might happen if the guy is given the power he seeks.

The delusion that John Key is a hapless fool who’s somehow mysteriously gotten his hands on the reins of power remains very much alive within New Zealand lefties; this was the tired old line I got spun as recently as this afternoon, by one of the internet’s best-known Labourites (with a nice dollop of ‘if you don’t praise Labour, you’re a rightie’ for good measure).

But this tendency to misjudge and underestimate Key is only part of the problem. Denizens of The Standard aside, anyone within the loop who has a modicum of reason has figured out that Key is not the lightweight he was — quite willingly — framed as. But now the narrative is set: it’s That Nice Man John Key, who drinks beer out of the bottle while tending the barbecue with Prince Harry, and thinks Liz Hurley is hot. They don’t have a credible counter-narrative, but they have to say something against the health cuts, education cuts, tax cuts, ACC cuts, pending privatisation and so on — and so they fall back on their usual tired old cliches, which, while superficially looking like what an opposition is supposed to do, lack cohesion and run counter to the established wisdom about Key and his government — wisdom laid down, in the first place, by the Labour party in its 2008 campaign.

The lack of narrative cohesion is so dire that the party claims that privatisation of SOEs is repugnant to the voting public of New Zealand; and almost simultaneously puts out a press release saying that it’s a cynical ploy to “cling to power”. The manifest incompatibility of these two propositions — cynically promoting an unpopular policy to retain power — speaks for itself.

If the inability to construct a viable narrative is symptomatic of a wider lack of ideas and direction within Labour. Election-year spin aside, their policy offering is weak as well. Their big blockbuster kicking-off-election-year policy of a $5000 tax-free zone was big enough to draw plenty of criticism about cost and targeting (including from people like Brian Easton), but timid enough that nobody was made to sit up and take notice for any other reason (sidenote: when Brian Easton, John Shewan, Chris Trotter and I all oppose something, I think you can be pretty sure it’s not a winner).

This is just the most recent example of what we’ve seen throughout the past two years: Labour’s vision, and its execution, simply aren’t up to scratch. I have no internal knowledge of the Labour party, and I don’t know whose fault this is. I guess the leadership blames the strategists, the strategists blame the policy wonks, the policy wonks blame the spin-doctors and the spin-doctors blame the MSMâ„¢. All that’s just excuse-making for losers. There are no socially-just power-redistribution schemes in politics, and if there were they would be rorted. There is no fair. The job of being in opposition is to win despite the odds being stacked against you; to do and say things worthy of the news media’s time, worthy of the government’s concern, and worthy of the electorate’s endorsement. If you’re not doing that, you’re not up to the task.

As the title implies, the political weather this election year is not going to be a warm drizzle. John Key wants a mandate; he wants a strong and broad mandate which will permit him to wreak widespread social, economic and political changes upon New Zealand’s landscape, and he is prepared to put a lot on the line to gain it. He is playing for keeps, and my instinct is that an opposition who couldn’t keep pace with ‘smile and wave’ is going to be crushed by the rampant beast which is currently girding for war. What’s more, by all accounts Key is actually, genuinely coming to the New Zealand electorate with a transparent policy offering in good faith, keeping his promise that nothing would be privatised without his first having sought a mandate to do so, which robs Labour of their strongest symbolic weapon: the “by stealth” bit of their catchcry “privatisation by stealth”. Time will tell if this holds, but at present the Key government is doing exactly what it says on the box. Labour can’t claim they haven’t known about this all along. Privatisation has been the bogeyman about which they’ve been warning the New Zealand public for at least a decade, which makes the incoherence of their recent response all the more unforgivable. That National would consider running an election campaign on this cornerstone issue, loathed and feared by so many New Zealanders, is surprising. That they can expect to do so without trying to get their agenda through on the sly is shocking. That they reasonably expect to do all that and win is unthinkable. Let there be no doubt: if Key wins this election on these grounds, it is because Labour, by failing to adequately discharge their role as a competent opposition, have permitted him to do so.

Perhaps it is not too late. Perhaps Key has overplayed his hand; perhaps Goff has a secret weapon. Perhaps a young Turk is fixing to roll Goff and his cadres and make a break for it. I do not think any of these are likely. So it may be that the one good electoral thing to emerge from 2011 is a heavy and humbling loss which would see the Labour party reduced to a meagre husk. An exodus of the lively and creative thinkers of the party to another vehicle; or the enforced retirement of the deadwood responsible for the present state of affairs; or both would clear the way for a thoroughgoing rejuvenation of the movement’s principles and its praxis and its personnel. While it would be cold comfort to the generation of New Zealanders who will bear the brunt of the Key government’s second and third-term policies, it would be a crucial and long overdue lesson in political hubris, never to be forgotten, and infinitely preferable to another narrow loss and the moribund hope that next time it’ll be different.

L

Class, identity, solidarity and dissent

Recently commenter Tiger Mountain raised the parallel between solidarity with Actor’s Equity regarding The Hobbit and support for the māori party given their coalition with National and sponsorship of some bad legislation. I explained how they’re not equivalent, but leaving aside the main difference of mandate (which the māori party has and AE doesn’t) the wider issue of critical solidarity is an important one, and one which has been raised several times recently. In the wake of The Hobbit fiasco matters of class, identity and solidarity are high in everyone’s minds, and I think in spite of our many differences, we can agree that’s a good thing.

Another contribution to the wider debate is by Eddie at The Standard. For once I find myself agreeing with Eddie’s opening sentence about the māori party, which is:

The problem with any identity-based political movement is it pre-supposes that the common identity of its members surpasses their conflicting class interests.

It’s true, although I would have phrased it as follows:

The problem with any class-based political movement is it pre-supposes that the common class of its members surpasses their conflicting identity interests.

I wrote at length about this dynamic tension at a time when it looked like Labour was going to force Māori to choose between their class identity and their identity as tangata whenua — and how foolish forcing such a choice would be. (It’s still not clear whether Labour has abandoned it, but it at least seems obvious that they don’t have a full-blooded commitment to the blue collars, red necks strategy. But that’s by the way.)

What tends to follow from statements like that one is a series of value judgements about which set of interests ought to take precedence. This can be valuable, but is often tiresome, particularly when those making the pronouncements are “fighting a corner” for only one half of the equation (usually, it must be said, the “class” corner). But Eddie has mostly (not entirely) resisted the urge to do so and focused on the internal dispute within the māori party, and in particular the rather dictatorial stance taken by Tariana Turia regarding opposition to the new Marine & Coastal Area (hereafter MCA) Bill. That’s an important debate and examination of it is valuable, but what’s not really valuable is Eddie’s attempt to frame Turia’s stance as a matter of māori identity v class identity. It’s not. It’s a matter of the tension between moderate and radical factions within the movement; part of the internal debate within Māoridom.

Class is an element of this internal debate, but it is not the only element, and I would argue it is not even the predominant element. I think it’s clear that the conciliatory, collaborative, third-way sort of approach to tino rangatiratanga taken by Turia and Sharples under the guidance of Whatarangi Winiata (and whose work seems likely to be continued by new president Pem Bird is the predominant force. I also think the main reason for the left’s glee at the ascendance of the more radical faction is largely due to the fact that there’s a National government at present (and recall how different things were when the boot was on the other foot from 2005-2008). Those leading the radical charge against the MCA bill — notably Hone Harawira, Annette Sykes and Moana Jackson (whose primer on the bill is required reading) are not Marxists or class advocates so much as they are staunch advocates for tino rangatiratanga, who oppose the bill not so much for reasons based on class, but for reasons based on kaupapa Māori notions of justice. The perspectives of all three are informed by these sorts of traditionally-leftist analyses, but those analyses are certainly not at the fore in this dispute (as they have been in some past disputes). In fact, the strongest (you could say “least refined”) Marxist critiques of the bill advocate for wholesale nationalisation of the F&S, unapologetically trampling on residual property rights held by tangata whenua in favour of collective ownership.

For Eddie’s caricature of the dispute as “identity” v “class” to hold strictly, Turia, Sharples, Flavell and Katene would need to occupy the “authentic” kaupapa Māori position, the legitimate claim of acting in the pure interests of mana motuhake and tino rangatiratanga; while Harawira, Sykes and Jackson (among others) would need to be largely denuded of this “identity” baggage, and be more or less pure class warriors. Neither is true; Harawira, Sykes and Jackson’s critique of the bill isn’t a Marxist critique; they’re arguing that the bill doesn’t serve the imperative of tino rangatiratanga and is therefore not an authentic kaupapa Māori position; an assertion that Sharples has tacitly accepted with his response that the Maori Party must accept compromise. (This is true, of course; I agree with Sharples and Turia as far as that goes. I just disagree that this bill is the issue upon which to compromise so heavily. Because of that, I come down on the side of Harawira, Sykes and Jackson.)

The other misguided thing is how Eddie frames Turia’s insistence that Harawira and others adhere to the party line as some sort of manifestation of Māori over class identity within the party — the quelling of dissent and insistence on loyalty to the leadership elite’s position as a “Māori” way of doing things, opposed to a “Left” way of doing things. This is absurd. The “left” does not automatically stand in defence of dissent or the public airing of heterodox views, much though Eddie (and I) might wish that it should. As I already mentioned, this is shown by Labour’s response to Turia in 2004 and the māori party’s first full term, suspicious at best and hostile at worst. The AE dispute is also an excellent illustration. In that case, the prevailing, “authentic” left position (including that taken by many writers at The Standard, though not — as far as I can recall — by Eddie) was to insist on total public solidarity with the union. In other words, precisely what Turia is insisting upon. I disagreed with this position in AE’s case, and I disagree with it in the māori party’s case. Dissent of this sort (or the imperative of its suppression) is not some innate part of “the left”, nor is it absence a characteristic of “identity politics”. It can exist or not in movements of either type, depending on the merits and specifics. It’s my view that such dissent is the beating heart of a movement, and it is peril to quash it. It is a shame that Turia seems to be making the same error as Helen Clark made regarding this issue in 2004.

But despite these objections, ultimately I agree with Eddie about one other thing: the dispute is really interesting, and the emergence of radical critiques and challenges within the movement is exciting and important. The māori party has a mandate to agree to the MCA act as drafted; after all, according to Edmund Burke’s famous saying, representatives owe their constituents not only their efforts but their judgement on what is just and right and possible. They’re not elected to always take the easy route of political martyrdom, and because of this they may find themselves staring down their constituents. Sometimes they may win. But nowhere are representatives guaranteed that those constituents must not try to stare back. If those who oppose the bill can raise a hÄ«koi in support of their cause, then let them do so, and more strength to their waewae. And let members of the “left” movements, if their enmity to the bill is genuine, rather than a reflexive attack on a National-led government and the māori party orthodoxy which supports it, march alongside them in solidarity. That will be some sort of justice.

L

The Perils of the Dark Side

Via 3 News journalist Patrick Gower on Twitter, the news that Pita Sharples is the keynote speaker at the Destiny Church annual conference this Labour weekend. Concerning news.

Except I’m not sure it’s completely accurate. According to the Destiny press release, Sharples is the keynote speaker at the Friday night Awards & Recognition event which kicks the conference off, while (who else) Bishop Brian Tamaki is the “keynote preacher” for the weekend-long event. I think this is an important distinction: it’s appropriate for Sharples, with a lifetime of support for Māori excellence, to be present for an event which celebrates achievements in “business, management, the health and social services sectors, Pacific arts, family breakthrough and contribution to at-risk youth” for a large and largely Māori organisation, featuring pasifika and kapa haka performances to boot.

But that’s quite a different thing to lending the imprimatur of his status as the co-leader of a government party and Minister of Māori Affairs to the shady cultishness of Destiny’s main event. This is not to say that Sharples should shun Destiny outright: after all, as a kaupapa Māori politician he does represent some of the group’s members, and many non-members who share some of their values. Such ‘Dark sides’ of support exist for almost every party; the Greens have their crazed dark-green environmentalists; Labour has the blue-collar rednecks about whom I’ve written previously; ACT has mostly sucked away the white-collar rednecks (and doesn’t mind admitting it) from National, but the Nats still have the worst offenders among the farming lobby and many of the least-savoury Christian sects (much of Destiny undoubtedly included). For all that they might be abhorrent to some, these are all legitimate interest groups and — within reasonable bounds — they must be tolerated and their needs entertained in a free society. Their members have as much right to democracy as anyone else, but (as with any fringe group) politicians must be extremely circumspect about the type and quantity of support that they grant.

There is a danger that Pita Sharples will be seen to pander too much to Destiny; and indeed a danger that he does pander to them. The māori party paddles turbulent waters at present; having compromised very heavily on the Marine & Coastal Area/Takutai Moana legislation to replace the Foreshore & Seabed Act, and now finds that Faustian bargain under attack both from the ACT party without and from Hone Harawira within. Despite the former, and probably because of the latter, they have been very quiet lately. Although they — ironically — share some common ground with Labour on the Takutai Moana bill, there remains a very large gulf between them; not least because Labour’s own conference signals a much more classical materialist direction than that which has previously obtained. Sharples and Turia are no fools, and can see that remaining a client of Key’s pragmatic-instrumentalist National party is a hiding to nothing — even with the ACT party likely out of the picture after the next election, the likelihood that they can maintain common cause once the other has outlived its immediate use seems slender. So they feel like they need another support base, and it must be very tempting to team up with a charismatic leader such as Brian Tamaki at a time like this.

It would be ruinous to do so. Most obviously, this is because outside of his most loyal followers — his 700 Sons — Tamaki’s is an illusory sort of strength, based on the smoke and mirrors of a showman’s art rather than upon deep loyalty and conviction. This much was clearly shown in the 2005 and 2008 elections, where the Destiny Party (and later the Family Party with Destiny’s express endorsement) failed to come close to success, due largely to a lack of internal cohesion. Destiny has failed to demonstrate — even at the height of its profile five years ago, under a government largely hostile to it — that it could mobilise a meaningful number of votes.

The second, and by far the more important reason, is the abhorrent nature of the policies and principles Destiny stands for — crude Daddy State authoritarian Christian conservatism with a brownish tinge; illiberal, intolerant, homophobic and misogynistic, quite opposed to where Aotearoa is heading. And that’s to say nothing of the corruption and appalling social dysfunction endemic to the evangelical cults of which Destiny is an example. The sorts of scandals which currently rock the church of Tamaki’s own “spiritual father” Eddie Long in the USA must undoubtedly also exist within Destiny. This is essentially the same package of qualities which turned the Exclusive Brethren to political poison for Don Brash’s National party in 2005. Because of this deep and fundamental disconnect, and New Zealanders’ innate distrust of folk who think they’re ‘exclusive’ (especially if they’re brown, wealthy or religious), the reality is that an alliance between the māori party and Destiny would likewise be poison, and would probably circumscribe any future prospects of working with either of the two main parties, not to mention utterly ruling out the Green party — with whom the māori party shares the most policy in common.

So there is no easy course for the māori party in the long term; the swell is heavy and the winds both strong and changeable. But to extend the nautical metaphor, Destiny is a reef; not an island. Better that they paddle on by their own course and seek more solid ground.

L

Iti and Bomber: response to “The Big Dog”

Rather than further sidetrack the discussion about police and firearms at The Dim Post, quick answers here to inquiries there by “The Big Dog” as to my views on two topics:

Lew, I’d be interested to know what you think of Tame Iti?

Tame Iti is a convenient symbol of all that whitey wants to fear. Since the events of October 2007 he’s been dressed up as our very own Colonel Kurtz.

Likewise Hone Harawira to an extent; Danyl’s brilliant commentary on this is here. The reality is — to put it very mildly — somewhat different. This isn’t to say that either are utterly blameless, or that this depiction is entirely unwanted; only that their notoriety is rather greater than is really deserved.

Lew, What did you think of Bomber Bradbury’s take?

(Assuming Bomber’s take on police and firearms here.) Bomber distrusts and fears the police, and he has his reasons for doing so. In that context the response is not unreasonable or unusual. While I agree with a lot of what he says in principle, I essentially see police as part of a healthy civil society, not as its enemy, so I ascribe those concerns somewhat less weight. So where Bomber insists on hard restrictions on police powers, I am more content with soft restrictions and strong civilian oversight. It’s an open question as to whether our present oversight is sufficient, though.

Edit: TBD was actually asking for my views on Bomber’s response to the October 2007 Urewera Terra raids. I’ve answered in the comments below.

L

Not dark yet, but it’s getting there

Allan's beach at dusk, Dunedin, New Zealand
(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

Between the Devil and the deep blue sea


(Image, “Road to Hell”, stolen from Alexander West.)

And I did not mean to shout, just drive
Just get us out, dead or alive
The road’s too long to mention, Lord, it’s something to see
Laid down by the Good Intentions Paving Company
(Joanna Newsom)

John Key’s government is starting to play for keeps after a year and a bit warming up. There have been a few clear examples of this, including the aggressive tax and service cuts in Budget 2010, and signs pointing to privatisation in the not-too-distant future. Less orthodox is the recent hardening of the government’s position on take Māori.

Key was not punished for his calculated snub of TÅ«hoe, and it seems the success has emboldened him to flip the bird to an even larger Māori audience, saying two things: that Māori can take or leave the government’s public domain proposal for the Foreshore and Seabed; and that by “Māori” he means “the māori party”. It’s these things I want to discuss, and they need a bit of unpacking.

Pragmatism and principle
Conventional wisdom on the Left is that Key’s blowing off Māori is (either) paying the red-neck piper, or a genuine manifestation of his (and the government’s) own racism. I think it’s neither and a bit of both. On the second bit, I accept that the National party’s history on Māori issues is broadly racist inasmuch as it hangs on a “one law for all” rhetorical hook whilst systematically opposing measures which safeguard the equal application of those laws to Māori, but I think this is down to the casual racism of privileged ignorance rather than the malicious anti-Māori sentiments of Orewa. Key’s politics, I am convinced, consist of a thick layer of pragmatism on a thin frame constructed of a few very strong principles. The principles are not the bulk of his politics, but they strictly delineate the extremes of what he will and won’t accept. Fundamentally on cultural issues he’s a pragmatist, and doesn’t much care either way as long as he’s getting his. But there is a solid core there which is only so flexible, and changing the ownership status of huge tracts of land (whether by Treaty settlement in the case of Te Urewera or by nationalisation in the case of the Iwi Leadership Group’s suggestion regarding privately-owned sections of the Foreshore and Seabed) is too much of a flex. There are good principled reasons for National to oppose such a scheme, and for this reason I don’t think he’s pandering to the redneck base so much as preserving what he perceives to be the National Party’s immortal soul: cultural conservatism and the maintenance of material property rights. Although I broadly disagree with the reasons, and the decisions, I wish that Labour had done as much to preserve its own immortal soul in 2004 and 2005.

“One law for all”
While I’m on record opposing a “public domain” resolution of the Foreshore and Seabed because it’s a solution of convenience rather than one born of any deep consideration of the issues in play, I have a little more time for Mark Solomon’s suggestion that if Māori are to give up nascent property rights to the takutai moana, those already holding such property rights ought to be obliged to do the same. I’m not convinced by arguments from PC and DPF to the contrary. PC’s argument, that iwi and hapÅ« ought to have full common-law recourse to test their claims as permitted by the Court of Appeal ruling in favour of Ngāti Apa has more merit than DPF’s, but I still consider it a poor option since there is a high likelihood of a culturally and politically repugnant outcome which would lack durability and further inflame racial hatred. Contrary to DPF’s claim that Solomon’s position is unprincipled, Tim Watkin argues that it’s actually a pretty good representation of “one law for all”. It would ensure that existing landowners — most of whom happen to be Pākehā — are not grandfathered into a new scheme simply by virtue of having bought land which may or may not have been legitimately acquired from whomever it was bought, while iwi and hapÅ« — who happen to be exclusively Māori — are forced to give up their rights. I argued much the same thing a few days ago, and I’m pleased to see someone else thinking along the same lines. While the whole Foreshore and Seabed going into public domain is worse than Hone Harawira’s proposal that the land be vested in customary title with ironclad caveats because it strips away rights rather than granting them, it does have the advantage of stripping those rights equally, rather than on the basis of largely racial discrimination.

There is another, economic, point in play: if land not presently in private ownership is placed in the public domain and declared inalienable, the increased value of those few freehold, fee-simple property rights which do exist at present will have a phenomenal distortive effect on the property market and on New Zealand’s social structure, with the inevitable result that almost every scrap of it will end up in foreign ownership. We will then have the perverse and incoherent result that most of the beaches will be owned in common — but those which aren’t will be the exclusive domains of ultra-wealthy foreigners. Whether this is a good or a bad thing is a fair point for debate, but I think this fact will grant Solomon’s proposal considerable appeal to the broader New Zealand public, especially among those who do not — and even at present prices, could never — own waterfront property.

Just who are these “Māori”, anyway?
As I noted above, Key has been clear that he cares not a whit for the Iwi Leadership Group’s views on the matter: he considers that the māori party has a mandate to negotiate for all Māori and the decision is theirs. This is strictly almost correct: they do have a such a mandate, and whatever they decide will be broadly regarded as legitimately representing “Māori”, to the extent that the decision accords broadly with the views of Māori as expressed by their various civil society agencies. This proviso, missing from Key’s glib assessment of the political situation, is crucial. By omitting it, Key aims to drive a wedge between the party and those civil society agencies — chief among them the Iwi Leadership Group convened for this very purpose — from whom they ultimately derive their electoral mana. The māori party, frequent howls of “sellout!” from the Marxist left notwithstanding, do regularly test their policy positions against these stakeholder groups, at hui, and in their electorates. This makes them particularly secure in terms of their support, as long as they act in accordance with their supporters’ wishes. I have long criticised the howlers for misunderstanding just what it is that the māori party stands for, and their mischaracterisation of the party — plump buttocks in the plush leather seats of ministerial limousines, representing “big brown business” — is similarly a wedge, of a slightly different hue. But this issue is the test. Without the support of the Iwi Leadership Group, it’s hard to see how the māori party could maintain its claim to a mandate.

Crossroads
Which brings me to the verse at the top of this post. This issue has deteriorated to the point that the National government — like the Labour government before it — issuing public ultimatums to Māori and prejudging the case by claiming to speak for the māori party’s position. That is not mana-enhancing for a coalition partner which has showed enormous patience and swallowed almost innumerable dead rats in exchange for largely symbolic concessions. This breakdown of diplomacy on its own is not sufficient to call time on the coalition relationship — that comes down to the merits of the choices available, and the proposal simply isn’t enough. I have long defended this approach on the basis that the big issues were still to play out — but the loyalty and commitment shown by the māori party, in the teeth of furious criticism from enemies and allies alike, must be rewarded. A Whanau Ora pilot programme simply isn’t enough. This road was paved with good intentions, and there was a chance it would lead elsewhere than where it did — a chance which had to be taken but which, barring a swift change in the government’s position, seems to have proven unfounded.

If the government holds to its ultimatum, the māori party must turn around and walk back into the light. On this I agree with Rawiri Taonui (audio). The party will lose much more by abandoning its people and agreeing to a Faustian bargain than by simply failing to negotiate the repeal of the Foreshore and Seabed Act, which realistically was a nearly impossible task in any case. And even if the party did support the bill, it would not mean the end of the struggle. As Taonui says, although they might have the numbers to pass the legislation, the government’s solution will have no legitimacy or durability in practice without the support of the ILG and those it represents. Where there is injustice, resistance will seep out around the edges. If the issue of the takutai moana remains live, the party can continue to advocate for a just and enduring solution, and the ILG’s proposed solution opens a potential route for re-engagement with the Labour party. All is not lost.

The big question — as I asked in r0b’s excellent thread the other day is: what will Labour do?

They can sit back and say “I told you so” to the māori party, hoping they will fold, or they can make a better offer and hope the māori party will become more inclined to work with them. I can see how either would be a reasonable tactical position in terms of electoral numbers, even though the former course of action would continue the erosion of Labour’s historically liberal and Māori support. But there’s also a real danger the party will do neither, or will attempt to do both and fail at doing either, such as by arguing that the FSA was actually not that bad after all. That would be a tragedy.

The whole world’s watching. I have to say Shane Jones, who the party desperately needs if it is to have credibility on this issue, hasn’t helped dispel the predominant impression of Māori politicians held by the New Zealand public.

L

Unmix these metaphors

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In the last couple of weeks the government’s pistons have started pumping. After a year’s worth of blue-boiler-suited (non-unionised) engineers making sure the sleek machine is primed and fuelled and oiled and ready for action, the engine has roared into life and is beginning to blow out a cloud of smoke in preparation for a screaming burnout. As it proceeds, the party has dealt its Labour opposition a decent hand of cards; you could say they’ve built a house of them, which the mighty engine is in danger of knocking down. After campaigning on a platform of returning integrity and effectiveness to the Beehive, the public are beginning to get an inkling that the emperor may lack a couple of vital articles of clothing.

hughes12

Returning to cards: the strongest card is the decision to mine the conservation estate, announced last year. Classic crony capitalism is shaping up to be the trump suit. The other cards: Hide‘s junket timed to coincide with a wedding; Harawira‘s trivial but more spectacularly mismanaged junket; Key‘s and McCully‘s mining shares; revelations that Brownlee lied about being lobbied by mining interests which would stand to benefit from his actions as a minister; attacks against Radio NZ which benefit Joyce‘s former business partners; attacks against ACC which benefit the insurance industry to which the party has well-known ties; and ministers Heatley, Brownlee and Groser who were pinged pinching from the public purse for their own private pleasure.

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Mining the conservation estate is the keystone of all this, the central peg on which the whole thing hangs — because the allegations cannot be denied outright, only explained. Particularly in the cases of Key and McCully’s shares, the value of the conflict of interest is irrelevant. It probably should be relevant, but it isn’t really: either there is a conflict of interest, or there isn’t. While there would be (much) more hay to be made from a large shareholding, that isn’t necessary to plant the seed of doubt in the rich loam of the electorate’s and the media establishment’s collective consciousness.

plant-a-tree

Likewise the other issues: trivial, but they ring true and all riff on the same themes. Hide’s transgression was much more significant in actual material terms than was Harawira’s, but Harawira was punished much more harshly because he failed to recognise the symbolic matter in play: both required abject, cringing apologies. Key’s “sloppy” uranium shares, which he was “too busy running the country” to recall owning is reminiscent of John McCain‘s failure to remember how many houses he owned, for which he was rightly crucified by a country staring down the barrel of an economic crisis which would cost many people their only home. The smiling visages of the three ministers on the front page of the Dominion Post: the Minister of Economic Development who can’t be trusted with a credit card; the Fisheries Minister who likes to splash out on feeds of kaimoana for his mates and party hangers-on; the Minister for Climate Change Negotiations wining and dining the former National minister who was an integral part of the Copenhagen negotiation, and now heads the environmental branch of the OECD apparatus. And so on. These are symbolic issues, not matters of real actual wrongdoing. But the government can’t just dismiss them outright, it needs to argue the merits, and by the time you have to argue the merits on this kind of thing, you’ve probably already lost the symbolic battle. This sort of behaviour passes the public’s sniff-test about how they think about the National Muldoon gave us. And it fits the narrative of the modern Key/Brash-era Nats as wheeler-dealers, well-heeled fat-cats with a finger in every pie, feathering the nest for their secretive plutocrat mates. It brings to mind an iceberg, with the tiny, trivial transgressions peeking above a glassy surface which hides the monstrous mass below.

iceberg

The job of the opposition is to tie all this into a coherent story which people can understand and feel in their guts: a myth that trips off the tongue at the pub or in the line at the football, in the front seat of a taxi, sitting on the bus, standing around the water-cooler or in the smoko room — in as many variations as there are poets of the NZ electorate.

This post cannot end without a mention of the good work the folks at The Standard — particularly Eddie — have done toward assembling the blocks for this narrative pyramid. I am often critical of them, and their tendency toward partisan hackery frustrates me, but they do a lot of good work, and it shouldn’t go unrecognised. They’ve covered all the main aspects listed here, but they can only go part of the way: now is for the opposition parties and their allies to lurch into action. All the cards have not yet been dealt; the ace of spades may yet be seen. Although the raw material is all there, it won’t be easy writing this story — just ask Lockwood Smith, who only by dogged repetition and worrying away at the Taito Phillip Field bone managed to raise the electorate and media’s awareness of that actual and manifest case of political corruption. But this is the opposition’s job, and if they can untangle the metaphors and lay them out for people in simple, appealing, resonant terms, they will gain some traction. Then perhaps, they too will begin to belch smoke and fire, and roar down the road to victory.

L

False mean

idt20070815
I never get tired of this cartoon. It reminds me what being a Sensible Moderateâ„¢ is not at all about.

The latest proposal for the foreshore and seabed is PC gone mad — put it in the public domain, but not really the public domain per se, and everyone’s happy. Or not unhappy. Hopefully. And if they are, they’re just being unreasonable.

It’s blending half the kittens in order to avoid tackling the complex and painful political and historical problem which the issue represents. It’s the cop-out option which aims to offend nobody, but really only achieves that goal on the surface. It’s like a butchered mihi delivered by someone who’s not really well-meaning but wants to appear so, ignorant of the fact that wairua matters.

This has Peter Dunne’s fingerprints all over it, and he’s the one tying himself in verbal and conceptual knots: “no one owns it but we all own it and so therefore we all have an interest in it”. The unnamed sources are no better, arguing that since there are no rights, “everyone’s rights are protected.” You couldn’t make this up.

The trouble is that Māori — and the māori party in particular — don’t just want everyone to get along; they want their historical claims to the takutai moana tested and upheld, or negotiated to mutual satisfaction. This will necessarily include some positive determination as to the ownership status of those stretches of land and sea, from which will derive other rights — to development, to exercise kaitiakitanga, and so on — which can and should be negotiated on the merits of the original determination. This proposal commits a similar legal fallacy to the Foreshore and Seabed Act, in reversing the legal test as to customary title. Prior to the FSA all land was presumed to be in customary ownership unless alienation could be proven — the FSA reversed this, forcing claimants to prove that their rights to the foreshore and seabed had not been alienated. To be satisfactory to Māori, any resolution must address this change, and either provide recourse to that pre-existing legal framework, or a negotiated framework which satisfies all parties. Māori don’t want a Clayton’s solution in which they gain nothing except by losing slightly less than the Foreshore and Seabed Act took away, while things literally do not change for Pākehā.

Let me be clear, though: I don’t so much mind the function of the proposal as its justification. I prefer Hone Harawira’s proposal — full customary title, inalienable, with guaranteed access for all New Zealanders in perpetuity — but recognise that this is probably too ambitious in reality. A solution which mimics public domain in function while resolving the question of customary title could work. But this isn’t such a proposal. There is no short-cut, no easy way out of this. It’s time for both major parties to stop avoiding this fact, and face up to the responsibilities — and the opportunities — these historical times present.

Update: Yikes, even Marty G sort-of agrees with me!

L