Local Government Elections 2010

Just bullet points from me:

  • Len Brown by 60,000 votes over John Banks for Supercity Mayor. How about all those people who said his so-called outburst would be the death of him? Len Brown knows who his people are; he knows how to speak to them, and now he speaks for them. I can’t take any credit for the prediction, but this looks to me like the tale of differing personal narratives.
  • But the biggest surprise isn’t Brown’s win: it’s Annette Main narrowly beating Michael Laws’ sock-puppet and long-term deputy Dot McKinnon for the Whanganui mayoralty. McKinnon apparently didn’t stand for council, so she’s gone. Main is an utterly different politician from Laws and his lot; this represents a genuine change of direction. Laws will remain as a councillor, and his being forced to submit to the leadership of a woman he can’t control will be worth the price of admission on its own.
  • It pays to vote. Some results tweeted by Philip Lyth make this clear: election contests decided by 23, five and just three votes in Upper Hutt and Carterton. More crucially, for the Wellington mayoralty, Celia Wade-Brown is just 40 votes behind incumbent Kerry Prendergast, with about 900 specials still to count. Damn, that’s a lot of policy difference resting on very little. Stephen Judd tweets the following: “I’m totally serious: if Celia WB needs to lawyer up for a recount etc, I’ll donate.” I’ll bet he’s not alone, and if it’s this close after the specials are counted it’ll be a worthy cause.
  • On the other hand, Eric Crampton makes a reasonable case about why he doesn’t vote. It’s as good an argument as I’ve seen, but I still don’t really buy it.
  • Jim Anderton: I’ve got a lot of time for you, but honestly, you were well beaten by Bob Parker and there’s no use complaining about the earthquake and your inability to campaign. It’s churlish. Shut up, step down gracefully, and be remembered for your many good deeds rather than for being an inveterate whinger. Even Banksie is putting you to shame.
  • People, hope springing eternal, will be keen to call this a ‘swing to the left’ and similar; especially given wins by Brown and people like Main and Duynhoven, and Celia Wade-Brown’s strong performance. I don’t think there’s sufficient evidence to support such an argument at present; at the very least, translating local body election results into central political partisan loyalty is something of a fool’s errand.
  • Christine Prentice got predictably thrashed by Tim Shadbolt in Invercargill. But rumours I’ve heard from down that way suggest the point wasn’t ever to win, but that the candidacy was a profile-raising exercise to enable Prentice to mount a credible campaign to replace sitting National MP for Invercargill Eric Roy when he retires. I’m not sure how much credence to give these rumours; given Roy’s 7,000-ish margin and the milk boom Southland is currently enjoying they could probably stand a dairy cow with a blue rosette and win.
  • Andrew Williams failed to even win a ward seat in the North Shore, which is a testament to his powers of self-delusion in standing for the Supercity Mayor. More frightening, though, is the fact that Cameron Slater, who entered the race late as a joke (probably conceived during a boozy lunch with DPF and Cactus Kate) got more than a thousand votes.Yikes. Watch out for him in 2013.
  • Phil Quin remarked that local body politics is a de-facto retirement scheme for former (Labour) MPs: Harry Duynhoven has won in New Plymouth; Martin Gallagher in Hamilton; Paul Swain in Upper Hutt, and George Hawkins in South Auckland are among those he mentions. Duynhoven’s beaten rival for the mayoralty, Pauline Lockett, complained on Radio New Zealand that he had ‘name recognition’ on his side. I expect that has an awful lot to do with it.
  • Daljit Singh didn’t get elected to the Otara-Papatoetoe Local Board. Thank goodness for that.

That’s all I’ve got. All in all, a pretty big day capping a pretty fierce election.

L

Hang ’em high

Labour Supercity candidate Daljit Singh, standing for election to the Otara-Papatoetoe Local Board, has been revealed as one of those charged with voting fraud-related offences. As Idiot/Savant says, it’s awful that this information didn’t come out earlier so that he could be punished electorally as well as judicially, but this is part of the price we pay for a robust justice system.

However, the fact that Singh has avoided his due scrutiny thus far (and, farcically, may yet be duly elected to the board) makes strict attention to his case all the more important, and places a heavier burden on those who are associated with him –and in particular on the Labour party whom he represents — to respond swiftly and decisively to divorce themselves from Singh and his alleged misdeeds. This must take cognisance of the fact that he has not yet been convicted of anything and it may be conditional and hypothetical, but if Labour have learned anything at all from the Taito Phillip Field scandal, it’s that a lesser test than ‘convicted in a criminal court’ must apply with regard to such matters.

In the interim Singh’s erstwhile allies must assess the evidence and base their response on judgements as to its veracity, but the moment his guilt is admitted or proven, they must be the first to call for his (figurative) hanging; because they stood to benefit from his fraud, they must condemn it all the more loudly. Singh and Labour’s enemies can be relied upon to do so; his allies must also. Andrew Little has initially done so, and this is heartening. IrishBill at The Standard, as an allied third party, has done likewise.

It is also perfectly legitimate to draw links between Singh and others’ alleged wrongdoing and Labour’s own fundamental standards and character, since candidates by definition represent the party. While one rotten apple does not (as many will certainly argue) imply a party of inveterate crooks, this latest incident on top of the Field affair, Labour’s steadfast support for Winston Peters through the Owen Glenn donation scandal, and continuing perverse behaviour by Chris Carter (I could list more examples) do certainly speak to crucial failures of judgement when it comes to the party’s selection and endorsement of both candidates and allies. If the rumoured pecadilloes of Richard Worth, the overt bigotry and criminal background of David Garrett, and the blundering damfoolishness of Melissa Lee (there are more examples here also) can be said to illustrate the character of the ACT and National parties (and I believe they can) then the same must surely hold true for Labour. Whatever speaks to character speaks to the heart and soul of a political movement, and by this standard Singh’s implication in voter fraud, if proven, will be a lifelong stain on the party which admitted and endorsed him.

And if anyone so much as breathes words like courageous corruption in apologia for Singh and whoever else, hoist them by the same rope. Democracy’s ends are only as good as the weakest part of its means.

L

Frogs, toadies and tadpoles


There’s been a long and turgid discussion about the Greens’ support for the Canterbury Earthquake Response & Recovery Act (CERRA) on Frogblog, with commenters including many of the usuals from around the blogosphere, Russel Norman and Kevin Hague, and someone called BJ Chip (who I assume is a comms flack) running defence for the Green party. (I can’t figure out how to link to individual comments, sorry). Another commenter, Geoff Fischer, makes a persuasive case against the Greens’ newfound pragmatism, both on the Frogblog thread and on his own site. Whilst I don’t entirely agree with Geoff (I’m a pragmatist at heart) I think his critique is a good one, particularly for the Greens (who aren’t). But there are also strong pragmatic grounds to attack the Greens’ decision to support the CERRA; grounds which, if the Greens are serious about their new realpolitik posture, they’d do well to consider.

I’m often disappointed by the Greens’ persistent — even pigheaded — reliance on the ‘principled stand’ in politics. While valuable among a suite of tactics, it’s overused as a one-size-fits-all response which pigeonholes them as idealistic zealots who don’t compromise and can’t be worked with. But although I think its consistent use is a poor strategy in the general case, it gives the Greens a valuable trump card: the ability to say “these are our principles; if you don’t like them, go ahead on your own”. While it all too often results in other parties abandoning the Greens as irrelevant and going ahead on their own, it does build a powerful narrative about the Greens which speaks to characer and reliability and permanence. Principled politics, as Geoff says in other words, has an objectivity about it which is often lost in modern pragmatic discourse where what often passes for ‘true’ is whatever you can argue. When all the other parties in parliament — even the other parties who (however unjustly) appeal to the ‘principled’ brand, such as ACT — are falling over themselves to betray their principles, it’s all the more important that you stick to your own. Put another way: when your political strategy is to be principled, refusing to act on principle is not a pragmatic decision.

Most obviously, taking a uniquely principled stance at the time when the pressure is greatest to cave in hugely strengthens that narrative mentioned above, ensuring the long-term strength of the brand. It’s easy to be principled when nothing is on the line — the measure of a party’s commitment to principle is how it performs when the stakes are highest. That measure has now been taken.

Secondly, principled politics is what the Greens know. It’s their realm of competence. An idealistic stance would have given them the ability to critique whatever misdeeds the government undertakes in the name of this act with a clear and objectively indisputable line (“we voted against it”), whilst the best they can muster at present is the equivocal, inconsistent line which Norman is running in the Frogblog thread (“we objected to it and we don’t like it but we voted for it anyway because we thought it was the right thing to do”). BJChip demonstrates a fundamental lack of understanding how public-sphere political communication works with (her or his, I’m not sure) defence: “if they give us such idiotic cr@p [as “you voted for it”] we can give it back chapter and verse”. I replied with the following:

And not a word after “but you voted for it” will be worth a damn out there in the cold, pragmatic world of realpolitik which the Greens have now decided to enter. In that world “but you voted for it, so STFU” is the super-hero version of the “Nine Long Years” gambit which paralysed the Nats from 1999-2004 and has paralysed Labour for the term so far. You can’t beat it; in the battle of the soundbite, it’s political kryptonite because when they say it, they’re right. You voted for it: it’s your law, you swing by the same rope as the rest if and when it all comes apart. And so you should.

As much as they might believe themselves to be big-game players, the Greens have never even made a serious attempt to master the complexities of pragmatic politics, preferring to leave the cut-and-thrust to others. In the realm they have now entered they aren’t so much frogs as tadpoles. Judging by Norman and Hague’s statements and the spirited defence of BJChip (and others who use the pronoun “we” on behalf of the party), it seems they will attempt to defend the decision to support CERRA as they would any principled stance, with a clear restatement of the whys and wherefores behind the decision, omitting any discussion of the political consequences. This is impossible, because it is clear to even the most casual observer that the decision was a pragmatic one based on the politics.

Third and most importantly, at the electoral sharp end a uniquely principled stand positions the party as a ‘safe harbour’ for voters from other parties who are disillusioned by those parties’ too-enthusiastic embrace of pragmatism. This is where I think the Greens got their political calculus most badly wrong. The Greens’ own membership and support base was not going to be unduly turned off by the fact the party refused to support a bill granting dictatorial powers to Gerry “sexy coal” Brownlee; they may have taken some sort of hit, but the risk was not as dire as it is being spun. But a principled stance against this manifest assault on the constitutional framework of the country would have permitted the Greens to position themselves as the last line of defence against Shock Doctrine authoritarianism; a rallying point for liberal values. “Even if you disagree with our policy orientation,” they might say, “at least you know where we stand, and can rely on us to stand against the worst excesses of government impunity.” Coupled with the ideological moderation signalled by the departure of Sue Bradford and Jeanette Fitzsimons, I believe the Greens stood to gain considerable support from disappointed Labour voters, particularly those who wanted the party to act as a functional opposition to the government — and they might have even picked up a little bit from the other parties, as well.

So the decision manifestly fails on grounds of principle, and because the Greens are a self-declared party of principle with neither a strong history nor any particular skills in the exercise of realpolitik, it is doomed to be a failure in practice as well. One silver lining, though: since the Greens stand to gain nothing from it, their support for CERRA doesn’t really indicate that they’ve sold their principles out for power as “Tory toadies”; more that they simply lost their nerve. This stands in contrast to Labour, whose support for the act was obviously based on pragmatic grounds of political calculus, and principles of good governance be damned. This is especially the case for Christchurch-based MPs like Brendon Burns, who is leading the red team’s defence in a particularly distasteful fashion. They are complicit in the power grab. The Greens and their principles are just casualties of it.

L

Blue smoke

In my previous post on the Canterbury Earthquake Response & Recovery Act (CERRA) I lamented the conspicuous absence of outrage in response to the bill’s provisions from partisans on the right. I have since been heartened by the responses from some of the more principled commentators on the right; well done them.

But there is one most conspicuous exception. I have on many occasions in the past defended Kiwiblog’s David Farrar from allegations that he’s a bog-standard Tory authoritarian. Yes, he’s a loyal partisan; yes, he does have his authoritarian tendencies, but his typical policy alignment is clearly classical-liberal. He is is consistently more liberal than almost all of his fellow-travellers and has regularly exhibited a forthright commitment to democratic principles of the rule of law, of good constitutional practice and the importance of checks and balances. Even yesterday’s response conveyed lukewarm concern about the scope and extent of the act. But I take back all that defence of David’s character; and so, apparently, does David take back his commitment to those liberal principles.

Because this morning’s post on the CERRA is nothing short of cringing, snivelling partisan apologia for dictatorship dressed up as a simplistic classical history lesson. Dictatorship, it appears, is a-ok with David just as long as the dictator wears the right coloured tie. Where now are the lofty appeals to the principles of good governance, the shrieking about attacks on the nation’s constitutional integrity, the billboards bearing the endorsements of dictators? There are plenty around, including a very explicit homage to the Free Speech Coalition campaign which David fronted, but nothing from this erstwhile and self-proclaimed champion of democracy himself.

The fact that DPF is being schooled on both the principled and pragmatic problems with this bill by some of the more wide-eyed and reactionary members of his commentariat suggests that he has taken leave of his political instincts as well as his principles; for instance, the notorious ‘burt’, who urges him to consider what might happen if (due to the collapse of ACT) National fails to win the 2011 election and a Labour minister takes over from Brownlee; a possibility he and the government had either not anticipated or don’t believe was worth considering. Nothing would be sweeter irony, but either way: David’s credibilty on these matters is up in a cloud of Tory-blue smoke; a legacy destroyed by unprincipled partisan loyalty. Such is the price of political dependence.

Update: Similar sentiments from Peter Cresswell, Danyl Mclauchlan and The Standard, from whom I purloined the image.)

Another update: More angels required to dance on DPF’s pinhead.

L

No democracy on the honour system

This morning I posited a conspiracy theory that the government would use the temporary deregulation measures undertaken in response to the Canterbury earthquake to progress another tranche of wide-ranging reforms to the resource management regime and building and construction industries after the 2011 election.

Absurdly, if the Canterbury Earthquake Response and Recovery Bill is passed without very extensive amendments of the sort proposed by the Greens and voted down by both major parties (it’s going through all three stages right now), then all that and much, much more could happen this week, no election required, and without any review by the courts. The executive powers granted to the relevant Minister (that’s Gerry Brownlee) in this bill are so sweeping as to permit him to do almost literally anything as long as it has something to do with quake recovery — amend or suspend almost any piece of legislation, overturn any electoral decision — really, Dean Knight, Graeme Edgeler and Andrew Geddis (themselves no wide-eyed conspiracy nuts) are just three of the constitutional law experts who are boggling at the possibilities; Idiot/Savant is also much more than usually incandescent, and Gordon Campbell pulls few punches, either. Geddis says the law gives him “a case of the screaming collywobbles”. How’s that for a technical term. Their argument — contra government speakers such as Nick Smith — is that, because there is no real oversight to test whether actions taken are “reasonably necessary or expedient for the purpose of the Act”, the bill’s scope is not strictly limited in black-letter law to those matters, nor indeed to the region impacted by the quake, and the minister and his commission basically enjoy immunity. These are sweeping powers such as those which might be accorded an executive head of state in a command-government situation such as a major war.

Not would happen, mind. I don’t think anyone genuinely thinks Gerry Brownlee will decriminalise murder, approve mining across all schedule 4 land, enact wartime conscription or overrule the results of the forthcoming Supercity election. I don’t. But the point is (assuming Dean Knight knows what he’s talking about) that Brownlee can. Or will be able to tomorrow, until April 2012, which astute readers will note is a good half-year after the next general election must be held. There are no real checks or balances, much of the actions taken under this legislation are able to be taken in secret, and actions taken will not — at least on paper — be subject to judicial review. This means that we are relying on Gerry Brownlee to not be evil. But democracy doesn’t work on the honour system. It can’t. It doesn’t work on the basis that you give a government power in the hope that they use it legitimately; you give it power on the basis that you have the authority and ability to wrest it back from them if they misuse it, and on the assumption they will misuse it. The honour system is fine for bouquets being sold at the cemetery gates. It’s no basis upon which to run a country.

As I’ve often argued here and elsewhere, what sets liberal democracy, with all its failings, apart from authoritarian systems is the ability for the electorate to transfer power by the exercise of these sorts of checks and balances. Under orthodox authoritarian socialism for examplem — more or less the only form of socialism ever fully implemented on a nationwide scale, in the USSR and China, for instance — the transitional dictatorship is empowered with the sole authority and means to put down any such counter-revolution as might endanger the transition to genuine communism; and because of this, the dictatorship enjoys impunity. It has no reason to work in the interests of the people it purports to serve, inevitably becoming inefficient, corrupt and brutal. (Thus, the problem with socialism is authoritariansm which accompanies it, not so much the economic aspects, but that isn’t my point here).

The Canterbury Earthquake Response and Recovery Bill, of all the ridiculous things, brings into being the potential for just such a regime in New Zealand, and we can only hope it is not used to that effect. It is a colossal, hypervigilant overreach. And if any ill comes from this, Labour — and even the Greens and the māori party — will bear as much responsibility as National; they are all supporting it out of “unity”.

Where now are those who railed against the Electoral Finance Act, who speculated darkly that Helen Clark might not relinquish power after the election, or might suspend the operation of the free press; who shrieked about the Section 59 repeal; against ‘Nanny State’ and the illusory Stalinism of lightbulbs and shower heads, drink-drive limits and alcohol purchase ages and compulsory student union membership? Here the papers are being signed to dismantle robust constitutional democracy right under our very noses, and there’s barely a whimper.

(Updated to add Lyndon Hood’s fantastic image of Brownlee VIII, link to Campbell’s article, and tidy the post up a bit.)

L

Send for The Wolf

(Hoping, but without any confidence, that this will be my last post on the Carter debacle).

About six weeks ago Brian Edwards observed that Labour was its own worst enemy as far as the Chris Carter debacle went. As usual, he was dead right then, and that advice is still right now, with one rather chilling update: the incompetence which saw the parliamentary Labour party keep putting Carter and his misdeeds back on the media agenda at a time when they ought to have been making mileage at the government’s expense is shared by the wider party organisation. The Dom-Post this morning indicate some vagueness about Carter’s future status in the party, while two items on Morning Report (both audio) clearly indicate that Carter’s expulsion from the party on 7 August is far from assured, and that this debacle is likely to carry on well beyond that meeting.

For one thing, August 7 is already too late. Chris Carter, and by extension the Labour party’s rusted-on uselessness and venality, has now been a central topic of domestic political news for at least four of the past eight weeks, and has been utterly dominant throughout fully two of those weeks. A government can’t buy coverage like that, but Labour have packaged it up with a little red bow and delivered it to them post-paid. With the latest events, Carter’s expulsion from the party and a campaign to refocus the political media agenda on more substantive topics — like the mining backdown, 90-day bill, ACC reforms and National Standards — ought to have been undertaken with urgency. This need not rule out adherence to the principles of “natural justice” to which Andrew Little refers; these are compatible with a swift and decisive resolution in a healthy organisation with robust organisational structures, strong networks of competent people, and a shared commitment to the wellbeing of the party.

This is not really a matter of the public interest except inasmuch as Labour permits it to be. Labour needs a fixer, like Pulp Fiction‘s Winston Wolfe — an independent, dispassionate individual whose only interest is in resolving the issue quickly and quietly, and who has the mandate, ability and authority to get the damned job done. They needed to cauterise this wound back in June, and the need to do so now is all the more urgent. Further delay risks infection. That they have failed or refused to engage such a fixer shows an absence of nerve on the part of both the parliamentary and the organisational leadership and suggests that modern Labour is not, in fact, a healthy organisation with robust organisational structures, strong networks of competent people, and a shared commitment to the wellbeing of the party. And that is a matter of the public interest, because a strong opposition is fundamental to democracy and the health of the country.

Edit: I should add, if it’s not abundantly clear from the content of this post, that I disagree with Brian’s apparent endorsement (in his latest on the topic) of a “compassionate” response by Labour. While I have sympathy for Carter’s position, withstanding public and media criticism, however unjustified, without going off the deep end is a requirement of the job. In the words of a great (and recently returned!) former All Black captain: it’s not tiddlywinks. It may well be down to a choice between Carter’s wellbeing or that of the party, but Carter chose to throw himself upon the wheel, and whatever wounds he suffers as a consequence I consider to be self-inflicted.

L

Carter’s Par Avion Putsch — politics interruptus

Leaving out the utter incompetence of how Chris Carter’s abortive coup — and I hope I’m the first to coin it the “Par Avion Putsch” — was conducted, his egregious damfoolishness for following such a course of action in the first place guarantees that Phil Goff’s leadership of the Labour party is now safe, though it is critically wounded. The caucus has had to close ranks around a lame duck leader, and all the ambitions of the younger and more vibrant contenders previously mentioned here and by many others must now be shelved for the sake of party integrity. By seeking to artificially accelerate the ordinary and necessary process of leadership selection, challenge and renewal, Carter’s actions have in fact retarded it.

I agree with him that those systems were working too slowly in this case, and on the substantive point that Phil Goff can’t win the election without a fantastic political deus ex machina such as that which benefited George W Bush. But the system is what it is, and you either work with it or you cut yourself loose from it in a fashion which places the system — rather than your own conduct and the competence of the sitting leader — front and centre as the object of critique. By doing neither Carter has snookered any nascent leadership challenge and undermined Goff’s leadership into the bargain, and that practically ensures the outcome he claims to oppose.

Two possibilities present themselves. Either Carter was and remains oblivious to this, in which case he’s a fool whose long experience of party politics has taught him nothing. Or, like everyone else with a functional knowledge of NZ politics, he’s perfectly aware of this fact and has cynically exploited it in an effort to establish a lasting legacy for himself: the final ability to say, post-2011, that he was right, and Phil Goff was a dead man walking, and to be remembered for that, rather than for his taxpayer-funded jetsetting and general uselessness. Ordinarily I would assume the former — incompetence is usually a more apt explanation than malice — but I’m sorely tempted in this case to believe that, as Chris Trotter says, Carter has seen his own political end, and determined to take the rest of the party down with him (update: I think this is a more accurate assessment than Tim Watkin’s suicide by cop).

This course of action could not be more different to that taken by Helen Clark who, with her swift acceptance of the political reality in which she found herself, ensured that the party retained its dignity after the 2008 election defeat. I don’t know anything about the personal relationship between Clark and Carter, but from what I know of her political mind I suspect this will cause it considerable strain, with the episode perhaps costing Carter not only his credibility, his job, and his party membership, but the only political friend and ally he had not already alienated.

L

Sleeping dogs

Tim Watkin usually writes good sense, but with the latest post on gun control it’s clear he just doesn’t know his subject. Toughening gun control in NZ is basically a hiding to nothing, both in policy and in symbolic terms. It’s pointless for three main reasons:

  1. We already have pretty sane firearm laws and gun culture which regulate legitimate gun owners, and constrain the sorts of weapons most useful to criminals;
  2. As a country, we own a lot of guns, and they’re important to our way of life and identity, and this importance is the subject of bipartisan political consensus;
  3. We have very low rates of gun-related crime already, and any regulation which would be effective would be very costly, both in financial and political terms.

Just to preface this: I own a hunting rifle, and as a bit of a propaganda geek I’ve paid close attention to gun control as a matter of symbolic politics (alongside abortion, it’s a leading “touchstone” rhetorical issue in US domestic politics). I’ve been watching the way NZ is beginning to develop a (rather amateurish, but effective enough to not be laughable) US-modeled gun-ownership lobby with interest as well. But I’m not one of those “don’t tread on me” gun nuts who thinks bringing a loaded assault rifle to a town hall meeting is a core part of the democratic process. Owning a firearm is useful, but it’s not an absolute right — rather one which must be weighed against other consequences, including those which stem from arming communities. But I object to knee-jerk policy proposals which misoverestimate the problem, won’t solve it in any case, and will come at considerable cost.

What problem?
The most significant objection I have to Tim’s analysis is that he assumes gun crime is a serious enough problem to warrant harsh regulatory consideration; and seems to think that tackling it like the government has “tackled” knife crime is a sensible approach. I reckon both are suspect assumptions.

According to a UN survey from 2000 (the most recent I can easily access), 13% of our homicides (including attempts) were committed with a firearm, at an annual rate of 0.18 per hundred thousand population. That is a rate slightly higher than the UK (0.12 per hundred thousand, with much more strict firearm laws); just over half the rate of Australia (0.31, also with much more strict firearm laws, including a hugely expensive buyback programme undertaken in 1996 with the intention of solving the problem). I don’t think things have changed all that much; in 2009, the year of Jan Molenaar, the figure was 15% of our recorded murders (incl. attempts). You can use the Statistics NZ tools to get data here. You can also compare a bunch of countries’ rates here, but be sure to read the disclaimer. The bottom line is that we have extremely low gun crime rates by world standards, especially given that we have very high gun ownership rates. By far the highest proportion of gun-related deaths in NZ are suicides — I don’t have the numbers to hand but I recall it being above 70%. That’s a consideration, since suicides are usually committed with weapons of opportunity, and a firearm is particularly effective. But this is not the argument being made.

Knives are a much more serious problem, accounting for about twice as many homicides in NZ, and “other weapons” and “manual” which I assume includes unarmed homicides are also generally more common than firearm murders. The government has seen fit to “crack down” on knife crime by trying to prevent youths’ access to knives at the retail level using a voluntary code of practice. This is pure security theatre. Everyone credible knows it won’t make a blind bit of difference because kids don’t go and buy a knife from a shop, they just take one from the kitchen drawer or the toolbox in the garage. Firearms are already much more heavily regulated than this, and as a consequence people wanting one but who lack a license don’t roll into Hunting & Fishing and buy one — they get them illegally because we have no idea how many there are or who owns them (more on this later). So the comparison between guns and knives, while tempting, is bogus. Knife crime is much more serious than firearm crime, much less-heavily regulated, and the trivial additional regulation proposed won’t change anything — but it also won’t cost anything.

What guns?
Part of the reason gun crime is such a minor problem in NZ is due to our history and culture with guns, and in particular the fact that “personal defence” has never been a justification for firearm ownership. Tim also gets this wrong: citing “personal defence” as a reason for needing a firearms license will mean you get denied one, especially if you’re trying to apply for a restricted weapons license (which is the example he uses).

Excluding the post-settlement period, firearms in NZ have generally been conceptualised in law and culture as tools rather than weapons — for hunting, sport shooting, or the defence of the realm. Most in existence today are .22 calibre rabbit guns, or bolt-action ex-infantry rifles from the first and second world wars, passed down from father to son, or modern firearms based on near-identical designs, or shotguns designed for gamebird hunting. Partly due to length, partly due to action design and calibre, these are pretty useless for self-defence except for the appearance of threat and as clubs. By the same token, they are far from ideal for offensive use. Part of the reason criminals are rarely armed with firearms is because they are nearly impossible to conceal (which makes carrying or using them a riskier proposition than, say, a knife), and if sawn off below the regulation length of 30 inches, they are still not very convenient, and give police instant cause for book-throwing if discovered.

There are relatively few pistols or assault rifles in NZ, and those which are owned are very tightly controlled, with extremely high standards required of the owners. The NZ Police apparently operate a “sinking lid” policy on restricted weapons: to gain permission to import or produce one, you need to destroy another. This has driven the market price of such weapons through the roof, putting them out of the reach even of many legitimate collectors; although it must be said that the distinction between a “military-style” semi-auto and any other semi-auto is largely (not entirely) cosmetic, and one is no less deadly than the other. As the rather grim saying goes, the seven-round magazine restriction on an ordinary semi-auto centrefire rifle just means that if you want to kill more than eight people, you’ll need to reload.

Firearm licenses, especially those for restricted weapons like military-style semi-automatics and pistols, are issued at the discretion of an Arms Officer on the basis of the applicant being of “fit and proper” character. The threat of losing the license acts as a firm constraint on legitimate gun owners’ behaviour, with most hunters, collectors, etc. living in fear of having their license revoked. This constraint comes into force, for example, when deciding whether to keep a firearm for self-defence purposes in a country where most potential assailants, burglars, etc. are not themselves armed: if you happen to use it as such, you must then explain to your arms officer how come you had it handy, rather than locked up in its safe, with the bolt and ammunition separated. Most people comply to avoid this inconvenience, and because they know that the chances of a family member actually meeting a life-or-death situation are much higher with a loaded firearm lying around than otherwise.

In general (and again, I don’t have the figures to hand) the vast majority of gun crime in NZ is committed by people without a legal right to own or use a firearm in the first place (being not “fit and proper”). Jan Molenaar was just such a person, so using him as an exemplar of all that is wrong with the system is a bit misleading. It’s certainly an indictment on police procedure following the last shake-up of gun laws. Probably the biggest failure in our gun licensing regime is the lack of a registration system for specific firearms. It’s expensive, time-consuming and bureaucratic but would have been of some use had it been implemented when suggested by the Thorp report, even if just to draw a clear demarcation line between compliant and non-compliant owners. I think that horse has bolted now.

As for the matter of private internet sales of arms and ammunition — Tim clearly hasn’t used Trade Me for this purpose. It’s considerably more robust than any comparable method other than a brick-and-mortar shop (and many B&M shops use the same methods to sell nationwide). Anyone can view restricted auctions, but to bid or ask a question you need to enter your firearm license number. Repeated failure to do so (or entering made-up numbers) gets you blacklisted. If buying otherwise than by a face-to-face meeting, you are required to complete a form designated by the Police for this very purpose, and have it counter-signed by your local Arms Officer, who sights your license. The first step (needing to enter your number) prevents anyone without access to a license even bidding or making contact with a seller. This is probably the most effective safety mechanism in the system.

Sleeping Dogs
These are policy and cultural reasons which explain why trying to crack down on gun ownership in NZ is likely to be pointless. But Tim’s post was largely about the political aspects of the issue: the tension between the imperative to be Tough On Crime and the danger of getting tarred with the Nanny State brush. In symbolic terms, I reckon gun control is a loser for both of the major parties because, unlike the knife measure which is empty theatre, any meaningful changes to the gun ownership regime will come at a considerable costs. One important consideration with this is that in NZ (and Australia), unlike in the USA, gun control is seen as a matter of bipartisan consensus, with both National and Labour generally occupying the middle ground (and ACT and the Greens taking up the flanks). This means there’s little or no partisan advantage to be gained by either side.

The first of these costs is purely financial. A registration, licensing audit, inspection-reclassification or buyback scheme to remove firearms (or certain firearms) from circulation (or from the hands of those not “fit and proper”) is hugely expensive. The Australian Federal Government raised a special tax for the purpose and spent hundreds of millions of dollars on its buyback scheme, and even given the dramatic reduction in gun crime rates which resulted, it was generally seen to be wide-open for rorting. In New Zealand, with a much lower baseline level of gun crime, much less money and much more pressing law and order policy issues, this simply wouldn’t fly. Quite apart from the money, the drain on already-stretched police time would make a mockery of the government’s pledge to deliver resources to the front lines and away from the “bureaucrats”. And for all of that, it would still predominantly capture guns possessed by licensed owners: the “good guys” who, of all people, should retain their gun-owning privileges.

The second, and probably weightier cost is about the NZ identity. As I’ve argued before, wild places matter to us in identity terms. While most New Zealanders don’t own firearms, and never will, many more than the 250,000 who do like to think of themselves as potential outdoorsfolk who might go and shoot a possum and do their bit to save the rata. I don’t want to overstate this, though. Gun owners and hunters are viewed with considerable ambivalence by the general public, and with some cause. The gun lobby doesn’t do itself or the more reasonable branches of the sporting community any favours, and to a large extent they’re thought of in similar terms to Jan Molenaar and the various flavours of SHTF nutters.

But Nanny State also comes into this. Tim suggests that Labour couldn’t afford to do this for fear of strengthening the narrative established by the last term of the Clark government (I agree), but that National might just be able to get away with it. I disagree. Half of National’s support base are farmers or rural/semi-rural men of above-average income who are generally law-abiding and consider themselves responsible citizens in partnership with the authorities — of the view that the government “works for us”, rather than the view that the government is an agent of their oppression. (There are exceptions to this last, but mostly they vote for ACT and are thus irrelevant to this calculus.) This is almost exactly the same demographic which wants to be able to take care of his own rabbit problem and hunkers down in a cold maimai before dawn on the first weekend of winter for a laugh, and they greatly value the illusion that doing so is an inalienable right akin to that laid down by the Second Amendment. They tolerate (often with considerable reluctance) the existing licensing regime partly as a pragmatic solution to the social problem of crime, and partly because it accords them the status of being officially deemed “fit and proper”. But they will not tolerate further incursions on these privileges, and it is this demographic whom the gun lobby, with its US-imported “armed society is a polite society” rhetoric, is targeting using the present hysteria about violent crime as a springboard. These are the guys who already feel under threat from policies like the ETS, which prevents them from buying the V8, forcing them to settle for the V6.

This demographic might be the sort of people who could be persuaded to support tighter restrictions if there were a strong crime-reduction case to be made for it. But since there’s so little to gain, and since the existing regime is already at the margins of what is acceptable, National rouses these sleeping dogs and permits their radicalisation at its peril.

L

Depicting Julia Gillard

I’ll be watching with interest the characterisation — and caricaturisation — of Australia’s new PM, especially as compared to Helen Clark. Some of you might be aware that I once wrote a research paper on the characterisation of Clark by John Banks and Lindsay Perigo in talk radio during 2007. I was informed at the time that, via the usual academic networks, a copy made its way from Victoria University of Wellington to someone at the Australian National University in Canberra who had contacts within the then-Deputy Leader’s office, and that Gillard had read it with some interest. I’m not sure how true that is, but I do know she took a keen interest in Helen Clark’s public image, likely with this very eventuality in mind, so it isn’t altogether implausible.

The Clark-Gillard comparison is a natural one, due partly to geographical and temporal proximity; but also due to genuine similarities between their politics, manner and ascent to power. The comparisons have been highly ambivalent. The usual slanderers have already begun spreading the same ludicrous assertions that Gillard, like Clark, is a closet lesbian, on the grounds that she hasn’t had children and is more apparently bolshy than her husband. Apparently very deep in the closet, since she’s come out against gay marriage. (But then, she would, wouldn’t she?)

Peter Cresswell described her as Helen Clark with lipstick, which I guess is negative as to her politics but positive as to her perceived femininity, notwithstanding that Clark did in fact wear lipstick herself. Auckland University’s Jennifer Curtin pointed out some comparisons as to the two women’s assumption of their roles, though I can’t help but think she must have a more nuanced and complex position on the topic than was suitable for an AAP statement:

“They’ve both started off on the left but moved kind of to the centre of their party,” she said. They both appear to be hard workers, good speakers and have made similar choices in selecting their political allies and portfolios – opting to avoid women’s policies specifically. “If they represent women they do it in a more mainstream kind of way,” Curtin said.

Clark’s biographer Brian Edwards, speaking on ABC Radio National, outlined the similarities in more detail:

Well there are extraordinary similarities. I’ve been reading some of the reports about Julia Gillard in the papers here in New Zealand, and it’s absolutely uncanny, and what we’ve just heard is also true, that from the start, Helen Clark was a professional politician, she was absolutely focused, her intention I guess, long term, was to be prime minister, and she would do everything possible to do that. And if you look at the two women, as I say, the similarities are remarkable. Both unmarried, both decided, clearly, that being a politician and aiming to be prime minister did not go with having children, that was the decision, a positive decision which Helen Clark made, she and her partner, Peter Davis. Helen in fact, never wanted to get married and was actually more or less pushed into it by the Labour Party, and wept on her wedding day, which was relatively unusual. She was an atheist, she received some of the same sort of criticisms that I gather Julia Gillard has received in your country for her voice, she had a strong Kiwi accent, a rather deep voice; for her looks, people didn’t like the look of her hair, they didn’t like the look of her teeth; she was accused of being a lesbian, primarily by her opponents admittedly in those early days, and had an extraordinarily hard struggle to make it at all.
And these were all things that a man would not expect to happen at all in politics. None of those things would have come up if the man was a bachelor or was married or didn’t have any children, or any of those other things.

Clark fought these attacks, in part, by recourse to a “makeover” in mid-2005, when she appeared on the cover of women’s magazines — notably Woman’s Weekly — more heavily made up, more softly and sympathetically portrayed and generally appealing more directly to women, and to men who, if they had to be led by a sheila, wanted to be led by a real sheila. This was probably crucial to her winning the 2005 election. Gillard, The Australian tells us today, already has a similar glossy campaign well underway. It’s a good move. (Anyone who wants to call it fake or staged or a cheap trick or blatant media sycophancy to make such an appeal had better first recall John Key’s appearance on Gone Fishin’ (audio), and accompanying article by host Graeme Sinclair in — you guessed it — Woman’s Weekly. Incidentally, if anyone has or can find a copy of the video of that Gone Fishin’ episode, I’d love to see it. I missed it at the time.)

Other Gillard comparisons have also been made: to Margaret Thatcher (as Clark before her was), and to British Labour’s present acting leader Harriet Harman. In contrast with Jennifer Curtin’s observation that neither Clark nor Gillard emphasise their femininity in policy terms, The New Statesman‘s Alyssa MacDonald argues that the public treatment of Harman illustrates that it’s still not politically viable to be an overtly feminist female leader, even in 2010:

Both come from legal backgrounds, hold multiple political posts, have strong union connections, speak with distinctive voices and are always politically “on”. But while Gillard is popular and respected, Harman is often, very unfairly, spoken of as hectoring, dowdy and not very bright. Even before Gordon Brown’s departure, her chances of becoming Labour leader were the same as the number of forthcoming Harman biographies: zero.
Politically, there’s a glaring difference between Gillard and Harman. One has fought consistently for a feminist agenda, while the other has approached her political career with individualistic ambition. Not to do Gillard down — she’s very good at her job and she deserves her success — but her premiership isn’t necessarily any more of a great lunge forward for women than Margaret Thatcher’s was thirty years ago.
Meanwhile, Harman’s drive to push issues such as rape laws and the Equality Bill into the spotlight has undoubtedly been good for British women — and a huge contibuting factor to her unlovely public image.
Gillard’s success is still a symbolic step forward, signalling that the presence of women in Australian politics has become normal. And it looks likely to be good news for the country as a whole. But it’s not as if Australian women now have a Harman at the top to look out for their interests.

As MacDonald notes, Gillard is much more favourably-portrayed than Harman (and I would add, than Clark was at any point during her leadership). I think a lot of this is down to the “lipstick” to which PC refers: a metaphorical sort of lipstick which speaks to a particular notion of femininity, like the kind which Sarah Palin made famous. For one thing, Gillard’s attractiveness has been emphasised by the favourable comparison to Scottish actress Tilda Swinton:

This distinctive visage, the “bricklayer” voice to which Brian Edwards alluded, and her speaking style have been welcomed by the Australian media and satirical communities, who found Rudd “almost irritatingly bland”, according to editorial cartoonist Bill Leak. This from an article, also in today’s Australian on the topic:

Gillard’s wealth of striking anatomical attributes is almost too much of a good thing, says Cathy Wilcox of The Sydney Morning Herald and The Sun Herald. “She’s got so many features that if you just go for one, it isn’t enough. The challenge is how to get all those things in there without her head being enormous.”
Since Gillard took power, editorial artists have been studying her face with the obsessiveness of a lover, poring over photos and freeze-framing the TV to parse her every angle and expression.
Australia’s first female Prime Minister, seen through their eyes, has a “striking head of hair”, “incredibly beautiful skin”, eyes that manage to be simultaneously “squinty” and “big and distinctively shaped”, “chubby cheeks” with “pronounced cheekbones” and a mouth that “sits small and low” above “a small chin that tucks into an incredibly long neck”. Not even her earlobes escape attention.
And who else but an artist would notice that the new PM has “a reasonably ample bottom in relation to her head”?
But there is one facial feature in particular about which they all rhapsodise: Gillard’s “pointy”, “assertive”, “wonderful” nose. A nose, as Leak puts it, “that looks like you could chop wood with it”.
Fiona Katauskas, freelance cartoonist and producer of the Talking Pictures segment on the ABC’s Insiders, says Gillard’s nose is a defining feature that artists can utilise to express her character, just as the jutting lower-lip of former PM John Howard came to represent his determination, or obstinacy.
“I will take a punt and say Gillard’s nose will become the equivalent of Howard’s lip,” she says.

What’s interesting about all this is that, unlike most of the discussion of Clark and Harman’s appearance, it is robust but not unkind. Gillard’s relatively warm reception is being put down to her status as Australia’s first female PM, and I think there’s some legitimacy to that view; a genuine preparedness to “give her a go” tinged by a fear that bagging her too early would come off as sexist. We’ll see how long that persists, and how long her distinctiveness — of appearance, manner, and political character — is portrayed as quirky and endearing rather than bizarre and threatening.

L

You can’t mess with the messers

[Note: Idiot/Savant stole my initial title for this post — word for word! — forcing me to get more creative. The definitive version is here. Not sure about the video, though.]

Education minister Anne Tolley has tacitly threatened to go nuclear on primary principals who refuse to comply with National Standards directives, or who speak out against them. In a speech to the Principals’ Federation conference in Queenstown today, she said:

It’s much quicker [contacting me with concerns] and you will get results, rather than going to the media and making threats, which is just politicking, and achieves little.
And while we’re on that subject, you are pretty unique among public servants who can speak freely in the media. May I remind you that I made representations to make sure that continues.
However – no public servants have ever been granted the privilege of picking and choosing which Government laws they choose to administer. Lawyers, accountants and all the other professionals working in Ministries can offer opinions. But it’s the Government that makes policy decisions.

Now, there’s an implication here that the minister might retract her “representations” to make sure that the rights of teachers to speak freely are preserved, but there’s nothing to this. Any move to constrain teachers’ views or their expression would immediately draw furious and justified denunciations of the government for politicising and propagandising the education system, such as no liberal political movement could withstand.

In the final analysis she’s 100% correct about the government setting policy and the sector implementing it. By way of remedy, the ministry can take over the running of a school which fails to implement education policies adequately, and Trevor Mallard suggests the ERO has already started heavying truculent schools to set an example to others.

But it is an empty threat. For one thing, you can’t play the bossy schoolmarm with schoolteachers and principals — they wrote the book on it, and know all the tricks of the game, having put up with them from students for their entire professional lives. Not to mention that, as career educators they have far more invested in the quality of their education system than a minister who’s only been in the job two years and could be gone in the next cabinet reshuffle.

More crucially, though, the minister is up against old-fashioned collective action: a heavily unionised workforce which knows it is indispensable and irreplaceable. So what happens if it’s not just one school? What happens if it’s a dozen, or a hundred, or almost all the primary schools in the greater Auckland area, or the schools of two National heartland electorate regions at either end of the country, or as much as 94% of the sector overall?

Later in the speech, Tolley said:

I’ll say it again – we are going to get this right, for the students, and for their parents.

But when push comes to shove, National Standards simply cannot be implemented by fiat. Teachers, directed by principals, are those who must undertake the implementation of the policy. While I cite them reluctantly because I don’t entirely agree, it’s somewhat like what the Randians are saying about Obama’s response to the BP oil spill: no amount of threat or bluster can provide any additional incentive to progress a cleanup whose failure or undue delay will spell a certain end to the company. No matter how you slice it, there are not enough Ministry of Education staff members, non-unionised part-time relievers or teachers who are happy with National Standards as proposed to do the complex and important work of assessing all the students who need to be assessed; cataloguing, moderating and communicating those assessments to parents and the ministry in a coherent manner. This is ignoring the fact that you can’t simply parachute a compliant teacher or apparatchik into an unfamiliar classroom and have them do it with any legitimacy. The teachers who stand up in front of that class of kids day-in and day-out are the only ones who can properly assess them, and they know it.

The sector also knows it’s in the right. Educators’ opposition to National Standards is neither ideological nor capricious, and they have have consistently levelled principled and pragmatic arguments against only the proposed implementation of the policy, backed by the best local and international experts in the field. They support assessment standards in principle, and have repeatedly suggested reasonable alternatives to the proposed implementation. The problem isn’t with their willingness to work with the minister; it’s that the minister isn’t interested in working with the sector.

So ultimately one of two things will happen: one side or the other will compromise sufficiently for the issue to progress, or the minister will be faced either with backing down in abject failure or sacking a significant proportion of the education workforce, with the consequent failure of the policy by default, not to mention a massive outcry from parents who’re forced to take time off work because their kids can’t go to school (and from their bosses, and bank managers, and almost everyone else). There’s no better way to bring the country to its knees.

Tangentially, this situation illustrates a branding risk I’ve been meaning to post on for a while: if you name a policy initiative after your party or some other core bit of your identity, you had better be damned sure you can get it through to full implementation without a hitch, lest its failure tarnish your good brand. Quite apart from any concerns with the policy, his National government has failed to do so with its National Standards. Not only is the policy programme and its attempted implementation against the wishes of the only people who can implement it a catastrophic mistake, but its naming looks like a spectacular failure as well. If it’s not pulled out of the fire soon, in future, all National’s political enemies will have to do to score a point is recount some of the more embarrassing events of this episode and say “these are National’s Standards”. It’s already happening — I’ve seen that very sentence used at Red Alert, for instance, regarding something unrelated to education reform. Instant conversion of a wonkish policy criticism to a gut-level identity observation which will resonate with the folk who just wanted their kids to go to school, those who wanted nothing more than to teach them as best they could, and ultimately the kids themselves. For this reason, my instinct is that the long-term damage to National’s brand and electability on this matter will become too high a price to pay for the perceived win over the sector, and those with a more strategic view of National’s situation will require that the wound be cauterised. Although it’s a backdown, over the long term this will be good for the party. More importantly, it will be good for the country.

L