Posts Tagged ‘NZ Geographic Board’

The r and the e: Lobby if you want ‘em

datePosted on 12:35, August 5th, 2010 by Lew

I agree with DPF, that for the sake of historical correctness, Wellington’s Majoribanks Street should probably be changed to Marjoribanks, and Nairn Street should probably be changed to Nairne, since that’s how the names are properly spelt. This is precisely the argument I made with regard to Whanganui, and as DPF says it’s no different. But as is so often the case, the idiots of the KBR are reflexively shrieking “racism” because Wellington City Council aren’t recommending a change to the NZ Geographic Board.

The lack of a change is not racism: it’s that nobody seems to care. Whanganui Māori got their name change after decades of concerted and organised lobbying, public demonstration, private petition, backroom negotiation, research and campaigning on the topic. What would be racist is to expect that these changes in Wellington — trivial though they are — should go through as of right just because one historian thinks they should. The decision to change an entrenched name is and must remain a matter of civil society deliberation: those who favour the change lobby for it; those who oppose it lobby against it, both bring whatever evidence and principled arguments they can to the discourse, and those authorities empowered to decide the matter do so in accordance with appropriate legislation and customs. So, to those who want the names of Stewart Marjoribanks and Alexander Nairne properly recognised, I say: start lobbying!

L

In the first few days of July I began writing a post about the report of the Foreshore and Seabed Review Panel. Due to absurd busi-ness* I never got it finished. Since the government has this week responded to the review panel’s findings, two months after it undertook to do so, by kicking the issue to touch, I figure now is as good a time as any to examine the issue again.

First, let me begin by clarifying my position on the issue and the government’s handling of it. I have been vocal in my support of the māori party’s willingness to work with National in government, and their willingness to accept a range of lesser policy concessions in service of the repeal of the Foreshore and Seabed Act — not so much on the basis that it (the repeal) will necessarily result in a greater quantum of economic or social benefit than those other concessions might have, but on the basis that the decision is for Māori to make. The māori party, (it is often repeated, mostly by disgruntled Labour supporters) does not represent all Māori, and this is true — but inasmuch as it has kaupapa Māori foundations, it has a stronger philosophical claim to representat those māori who share that kaupapa basis than any other party in parliament; and on this issue in particular, a stronger mandate than the Labour party.

Indigenism

The striking thing about the review, and perhaps the reason for the tardy and incomplete response from the government, is that it is grounded in indigenist principles. It’s not the only indigenist policy document the government has kicked to touch in recent months: the NZGB recommendation that the spelling of Wanganui be corrected to Whanganui is another such thing. Indigenism, here used, is not so much ethnic nationalism (as it is usually given to mean) as a non-eurocentric philosophical basis; one which does not presuppose a Pākehā worldview or rules of engagement — a necessary quality in that sort of political action, but not in itself a sufficient quality. Linda Tuhiwai Smith’s book Decolonising Methodologies provides a clear explication of the practice of indigenist and indigenising research in the Aotearoa-New Zealand context.

The indigenist position derives largely from the choice of panellists (two of whom are Māori scholars) and from the scope of the inquiry, which explicitly gave the panel a mandate to assess the extent to which the FSA “effectively recognises and provides for customary or aboriginal title and public interests” in the foreshore and seabed. This accepted the facts of NZ’s constitutional and legal history and jurisprudence from the Treaty of Waitangi, the Native Land Court and more recently the Māori Land Court, the Waitangi Tribunal, and the Court of Appeal in the Ngāti Apa case: that there are customary rights; they are not a legal fiction or a ‘simple nullity’ as Prendergast had it. These were facts which Labour, claiming to be the natural party of Māori representation, needed a court to tell them — and they reached for the nuclear option of legislation when the court did so. This change is important because it lays the tracks for future legislative and legal events: because the review was conducted from an indigenist basis, the resultant action must necessarily take on an indigenist hue. This was the complaint levelled by all of the usual suspects when the panel was named — as if the job of assessing a dispute over historical rights and legal process could shomehow be neutrally conducted by those whose institutions were responsible for its ongoing rancour.

More than ‘One Nation’

The indigenist perspective embedded in the review process and its frame has resulted in the forthright rejection of “all New Zealanders” rhetoric and the homogenisation which that discourse implies. Diversity exists; different groups have different rights in custom and culture and in law; that reality needs to be carefully managed, not ignored or subsumed by a system which says “we all have the rights I think we should have, and not those which you value”. This is the central foundation on whcih the report and its recommendations stands. In the words of the panel:

the very real problem that arises from the populist notion of “one people” under one law is quite simply that it does not recognise – indeed denies – the fact of the ethnic, cultural and social diversity of our population, which we would argue considerably enriches rather than divides our society. [...] We are acutely aware that the notion of “one people” is, in the main, rejected by Māori. Māori say that we are simply two peoples comprising one nation. They see the notion of “one people” emboldened within a western paradigm that is constructed upon those premises and values which underpin the majority culture, the effect of which is to deny their existence. Māori collective property rights have rarely been treated in law in the same way as have non-Māori property rights.

Indeed they haven’t. And there are different conceptions of property rights issues in play here — rights of heredity and customary usage. Submitter Edward Ellison on behalf of Te Rūnanga o Otakau:

What we’re talking about is the mana or rangatiratanga rather than what we might term title or ownership as in the narrow European concept. It just doesn’t do it justice and it can be easily turned against us.

It’s the same issue which resulted in widespread alienation of land in the half-century following the Treaty’s signature: Western legal paradigms of ownership didn’t recognise collective landholdings, so they assumed that lands were the possessions of a given rangatira (or just someone who claimed to be rangatira) to dispose of. The panel, again:

More importantly, throughout this country’s history Māori advocacy and claims have not been made on the basis of ethnicity but of inherited rights – just as non-Māori have made claims and had them met on the basis of inherited rights. Indeed, property and customary rights are not argued on the basis that people are ethnically Māori, but because they have historically inherited rights to specific areas and resources – in the same way as a non-Māori landowner is able to pass down his or her land and associated resources to their children, and so forth.”

This illustrates a point of framing which has shot clear through the discourse around the issue: most discussion is about entitlement or claims under the Treaty of Waitangi, underlined by the fact that tangata whenua have had to go cap-in-hand to the Crown and its authorities. This isn’t a matter of claims or entitlements: it’s about securing rights to resource access and exploitation which never lapsed. The ‘troughing modies’ argument simply ignores the fact that parts of the coast owned by private concerns can and frequently are passed undisturbed down through successive generations of landowners. Just because the resources in question have been handed down collectively in accordance with tikanga, and just because the holders of rights to those resources refuse to accept a Western paradigm of property rights, the claim should be no less valid. This is not to say, however, that the matter is strictly one of property rights. Fundamentally it’s a matter of adherence to the Treaty, which guaranteed tangata whenua the right to their cultural practices (part of ‘tāonga katoa’ from Article 2) which permit them to consider the issue in ways not limited to a strict property-rights interpretation imposed from without.

The excerpts above demonstrate a strong critique of the ‘one nation’ rhetoric, and the falsity of that discourse, in which a culture which is dominant both in terms of numbers and of power draws artificial and appropriative distinctions between transfer of rights and property which are deemed legitimate and those which are deemed illegitimate. This is the discourse which gave rise to Iwi/Kiwi and to the Foreshore and Seabed Act; they are cut from the same cloth. It is the discourse, and the self-serving assimilationism it represents against which the critique is levelled; not against the Pākehā establishment except inasmuch as the two are indistinguishable. Those Pākehā taking umbrage at the critique should, therefore, examine their own role in and allegiance to that discourse and the system which bred it; those who reject it and what it stands for have no cause for alarm from the review process.

Divisions within

But what’s curious is that indigenism, and indigeneity, were central to the review, and to the issue and its future solutions, but ethnicity was not itself a determinant of position among submitters to the review. The panel found that

It was not possible to categorise the submissions by ethnicity in a reliable manner. While provision was made for submitters to specify their ethnicity, this option was not always used, or people elected more than one ethnicity. In any case, ethnicity is not necessarily determinative of viewpoint; some Māori submitters tended towards what might be termed a “Pākehā world view”.

The Foreshore and Seabed dispute is not just a dispute between Māori and Pākehā, as Don Brash and Michael Laws and Chris Trotter would have you believe: the divisions are as much within Pākehā society and Māori society as between them. A ‘clash of civilisations’ paradigm here obscures what’s really happening, it does not illuminate it.

I’ll look more closely at this point, and its cultural and constitutional ramifications, in a future post (when I get time). To be continued.

L

* The same busi-ness which has rendered my posts rare and largely prevented me from participating in the frequently-excellent discussions which have emerged in response to them. Please read my absence as an interested ‘points noted’, and please don’t let my scarceness dissuade you from continuing as you have been.

A victory for common sense and democracy

datePosted on 11:27, September 17th, 2009 by Lew

… these are the sort of words Michael Laws would be using if the decision to spell Whanganui incorrectly had been endorsed by the NZ Geographic Board, so I feel justified in using similar language given that the decision has gone my way.

As I have argued at great length, this is a good decision. I’ll work through the details of the submissions when I get time, hopefully tonight.

L

Submit!

datePosted on 13:21, August 16th, 2009 by Lew

Submissions to the NZ Geographic Board regarding the proposed change of the spelling of ‘Wanganui’ to ‘Whanganui’ close tomorrow. Whether you support the change or the status quo, I urge you to make your position (and arguments) known to the NZGB and to the country.

It will come as no surprise to readers that I support the proposed name change. The majority of my submission is drawn from the four posts I have written on the topic. There’s plenty (plenty!) more about this out there on the interwebs as well.

Submit!

L

Edit: My full submission is below the fold.

Read the rest of this entry »

NZGB to settlers:

datePosted on 14:28, March 31st, 2009 by Lew

Matters of linguistic and geographic fact are determined by meritorious debate, not majoritarian opinion.

Yesterday the New Zealand Geographic Board announced that there is a valid case for the name of the city of Wanganui to be spelt in its correct rendition of Whanganui. (I posted on this issue twice recently.)

The NZGB explicitly rejected the majoritarian argument, stating that the debate was important, not just the show of hands:

The Board noted the results of a referendum held in 2006, when a considerable number of Wanganui residents indicated their preference to retain the current spelling. However, the Board was conscious that declining the proposal at this point would not allow views both for and against to be expressed

Michael Laws has predictably come out calling this an attack on democracy. Unfortunately for demagogues like Laws (fortunately for the rest of us) facts are not democratically determined. Facts are defined by their relationship to reality, not by their relationship to majority opinion. Democracy is good for a very large number of things, but it’s very poor indeed for determining matters of actual factual observable and demonstrable reality.

But the really important aspect of the NZGB’s release are the implications of the following two statements:

“Wanganui, the name given to the town to reflect its position near the mouth of the Whanganui River, was spelt incorrectly and has never been formally gazetted by this Board or its predecessors. It is therefore not currently an official New Zealand place name.”

[...]

“While the Board acknowledges the historical transcription was based on the local pronunciation, the mechanics of standardising a previous unwritten language, together with its full meaning/translation, signal that the name was intended to be ‘Whanganui’. This is about correcting a mistake made more than 150 years ago.”

In these statements Dr Don Grant suggests that a local council may not by simple fiat enshrine an error as a norm – the origin of that error matters, and if its correctness is disputed then the intention of those who originated it becomes relevant. This implies a burden of proof on those wanting to retain the current no-h spelling to demonstrate that those who originally spelt the name that way intended to do so – thereby coining a new word. That is an untenable position held only by those with no genuine arguments of merit, whose leader Laws stated that people who didn’t like the current spelling could go to `Fuckatanay’ (as he pronounced it), neatly highlighting the crass idiocy of the position.

It is also an important matter of precedence. My arguments have been based on the idea that the current spelling of `Wanganui’ is the correct spelling in law, while Dr Grant made quite clear that it has no legitimacy, having never been formally recognised by the body properly constituted to do so, which is not the Wanganui District Council. Because of this, the decision the NZGB needs to make is not whether to confirm the de jure status quo spelling as the settlers suggest, but whether to give the de facto spelling precedence over the de jure status quo, which (since no alternative spelling has been approved by the properly-constituted body) can only be Whanganui. The core of the settler position is this claim to the status quo, that possession is nine tenths of the law and that since the name is currently in settler possession it is theirs to define and use as they wish without consideration to others or to the historical, linguistic and geographic facts of the matter. The status quo in this case is clearly on the side of the h: if the settlers cannot convince the board of their claim it will not remain as Wanganui but will revert to the correct spelling. That’s a huge difference.

Submissions open in mid-May. If you have an argument you want heard on this, make a submission. The debate matters.

L