Posts Tagged ‘Rodney Hide’
This evening Paul Goldsmith won the Epsom candidacy for the National party. Goldsmith
He will be standing against ACT candidate John Banks, who is the subject of a hagiography by Goldsmith titled “John Banks: A Biography” and published a few years before Banks stood for his first term as Auckland mayor, which he won in 2001.
ACT is led by Don Brash, who is the subject of a similar tome — I haven’t read this one, so I will refrain from calling it a hagiography in such specific terms — titled “Brash: A Biography”, also by Goldsmith and published as Brash was whipping up race hatred as leader of the National party in order to win the 2005 general election, which he did not.
So unless someone can explain to me again how National is going to contest Epsom strongly by standing the hagiographer against his subjects, this is simply a renewal of the Hide-Worth electoral rort, where a nod and a wink permits National to elect Banks and exploit the free-rider loophole in MMP; all the while campaigning against MMP due to flaws such as the free-rider rule, and the ‘back door’ rule which will in all likelihood get Don Brash back into parliament despite his having been rejected in 2005 — not only by an electorate, but by the whole nation as leader of a failed National party bid for government.
And fair play to them. If the electorate won’t punish them for doing so they’d be rude not to.
[Updated 10 July 2011 to account for Don Brash's statements in response to John Ansell, and Ansell's resignation from ACT.]
Many have remarked on the appropriateness of the website of the ACT Party Parliamentary leader’s press-secretary, SOLOpassion, and many have made jokes about the sound of one hand clapping, or fapping, as it were. It is therefore entirely appropriate that ACT should become the butt of these same jokes, since they appear to have swallowed (implication most definitely intended) Lindsay Perigo’s paranoiac auto-stimulatory tendencies whole. His hand-work is evident in the party’s ever more deranged press releases, speeches, and most recently in this morning’s advertisement in the New Zealand Herald, titled “Fed up with pandering to Maori radicals?” and strategically timed for the end of Te Wiki O Te Reo Māori. The advertisement is worth reading; the image below is stolen from The Dim-Post. Read the comment thread over there; it’s magnificent.
There’s an awful lot wrong with this, but aside from the warlike verbiage, none of it is much different from ACT’s or Brash’s prior form, and since I’ve been over most of the arguments before I will spare you the full repetition. You can trawl through the Take Māori section of this blog if you want the detail. But just a couple of obvious things: the reasoning privileges Article III of the Treaty; that is, the article which gives the Crown a colonial payday, while neglecting Articles I and II, upon which the consideration of Article III rests. In terms of a contract, which is a way of thinking about the Treaty that ACToids might be expected to understand, Brash’s reasoning emphasises the payment for services rendered, while materially ignoring the requirement to actually render those services. (More on this theme here). Secondly, it’s more of the same selective history we’ve come to expect: our history as Pākehā matters and has value; theirs, as Māori, doesn’t — except for the bits Pākehā can turn to their advantage, like the decontextualised appeal to Ngāta.
But there is a broader point that this development illuminates. Race relations in Aotearoa has changed enormously in the past seven years. In the winter of 2004, the country was in the throes of Orewa madness. The māori party had just been formed, promising to deliver “an independent voice for Māori” in parliament. Eight years ago tomorrow Tariana Turia won her by-election, seeking to deliver on that promise. Don Brash was the leader of a resurgent National party who held a strong lead in the polls, and whose race-relations platform dominated the policy agenda. Now, Turia leads a hollowed-out party whose mandate and credibility are under severe threat from one of their own. Don Brash, having been ejected from the National leadership disgrace, now leads a party with less than one-twentieth of the electoral support he once commanded; a party he was only able to colonise after it was fatally weakened by a series of appalling political scandals, and then only by the narrowest of margins.
Under Brash National’s popularity stemmed from the fear of a brown nation that emerged from the foreshore and seabed debate and the māori party’s formation. As far as the general electorate of Aotearoa is concerned, those fears were not realised. As far as Māori are concerned, the māori party’s results have been disappointing to say the least. As far as the established political power blocs are concerned, the māori party has proven a very dependable agent their political agendas; even while disagreeing with many of their positions, both National and Labour recognise that the māori party are invested in constructive collaboration with the Pākehā mainstream, not in its destruction. I’ve long argued that the initial purpose of the māori party wasn’t to effect sweeping policy change, but to create cultural and political space for kaupapa Māori politics, and to establish the credibility of same. For all their policy failures, they have succeeded at this task in spades; perhaps they could have afforded to succeed at this task a little less. But largely as a consequence of the sky not falling after the passage of the Foreshore and Seabed Act and the emergence of the māori party as a credible political force, neither National nor Labour have any truck with ACT’s vitriol. Don Brash, his “one law for all” rhetoric, and his scaremongering are firmly on the outer.
Even further out on that slender but flexible branch is the architect of Brash’s Iwi/Kiwi campaign, probably the best campaign of its type in our recent political history and certainly one of the most memorable: John Ansell. Ansell’s rhetoric had become distasteful enough by the time of the last election that even the ACT party — then under the leadership of Rodney Hide — refused to use much of his best work. Thereafter he was picked up by the Coastal Coalition. A less credible gang of fringe loonies it’s hard to imagine; one of its principals, Muriel Newman (who, shamefully, was invited by Radio New Zealand to speak as an authoritative expert on the WAI262 Treaty claim) believes that pre-Tasman Aotearoa was settled not only by Polynesians but by “people of Celtic and Chinese ancestry as well as Greek, French, Portuguese, Spanish and others“. Ansell’s own views on race are similarly bizarre; Māori, he reckons, are “not a race, but a religion“.
Ansell is now reduced to ranting in Kiwiblog comments, and is as critical of ACT as he is of everyone else. Even there, though, his views hardly find great favour, with more people objecting that his campaign is distracting from the “real issues” than supporting him. His contribution to the thread about the Brash advertisement — it’s not clear whether he was involved in the ad’s production or not — is a magisterial display of racist, misogynist essentialism, and I think it really gets to the heart of the paranoiac auto-stimulatory tendencies to which I referred earlier. I quote his initial comment in full:
[Update: A NZ Herald article titled Act ad man blasts 'apartheid' contains more such statements from John Ansell, who is ACT's creative director; and in it Don Brash distances himself from them, saying "I don't want to associate myself with those kind of views at all". He may not want to, but he is. His own press release issued in conjunction with the advertisement above calls any form of "preferential treatment" -- such as concessions granted under Article II of the Treaty, which ACT apparently does not recognise -- "a form of apartheid". Perigo is fond of the term, and also of referring to Māori, Muslims and anyone else who doesn't quack like an Aryan duck as "savages". Moreover the prospective MP for Epsom, John Banks -- who represents the kinder, gentler face of the ACT party -- also has form on this issue, having previously referred to Māori TV as "Apartheid Television", and holding views generally very comparable with those of Ansell and, in some cases, with Perigo. So Brash's will to not be associated with such views really raises a question: will he, in order to dissociate ACT from these views, fire his creative director, the press secretary for his Parliamentary leader, and the only MP likely to win an electorate? I rather doubt it, but I believe Aotearoa deserves answers.]
[Update 2: Ansell is gone. One down; how many to go?]
As Russell Brown said, Ansell’s comment is “essentially an incitement to race war“, and I don’t believe Ansell himself would deny that. But it’s more than that; it’s also an incitement to sex war. It’s easy enough to dismiss as the usual sort of dark mutterings, but hang on a minute: this fool is claiming to speak for me, and if you’re a man (or a woman who thinks like a man, whatever that is), he’s claiming to speak for you too. But he doesn’t speak for me. To head off the inevitable speculation, I’m hardly what you’d call a feminised liberal pantywaist; I have a beard, I hunt, I fish, I provide for a family; I like whisky and brew my own beer; I like rugby and rock’n'roll and Rachmaninov, and breaking things to see how they work; I’ve spent years studying martial arts and I’m trained to do or have done most of the things on Heinlein’s list. I wear a Swanndri to work in an office on Victoria Street, for crying out loud.
But in my world, masculinity isn’t measured by warrior prowess or the vulgar ability to force one’s will upon others, whether by physical, social or legislative means. Those things, as anyone who’s studied totalitarianism will tell you, only garner a mean and hollow sort of respect; the sort which dissipates as soon as the heel is lifted from the throat of the oppressed. No, in my world, masculinity is judged by honest work, truth and wise counsel, respect and tolerance, forbearance and understanding, accommodation and partnership; from love and support, and strength of a kind which intersects with but is not eclipsed by that to which Ansell appeals. As I have argued before, that sort of view — the dictator’s view that power comes from the barrel of a gun, that only the whims of the mighty matter — is a bare and miserly sort of humanity. And if that’s how Aotearoa actually is, then I say: come the feminised, Māorified revolution, because we desperately need it.
Of course, it’s not. Ansell no more represents Aotearoa’s men than Muriel Newman does its women, Lindsay Perigo its homosexuals or Don Brash does Pākehā. Their methods have become unsound. As Conor Roberts put it, “if you gaze for long into the sub-5 percent abyss, the sub-5 percent abyss gazes also into you.” Let’s see how long they can keep gazing.
Danyl Mclauchlan posits a conspiracy theory:
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.
Here’s a conspiracy theory. Building, demolition, waste/fill disposal and other resource consent regulations are being suspended in Canterbury following the recent earthquake. Indications are that exemptions to the RMA regime will be granted by order in council, and (among other things) the norm will be to permit building and reconstruction work to take place without delay, the consents being — here’s a phrase — restrospectively validated. It’s plausible that this will serve as a pilot scheme for the government’s next tranche of deregulation in the building industry and resource management sector.
I’m not a civil engineer or an expert in either town planning or disaster reconstruction. But I have a few concerns. There are obvious concerns with the possible quality of workmanship in the immediate term given the new lack of oversight which, at its most lax, could permit any chap with a hammer and a can-do ethic to undertake their own structural work which will need to be be certified (or not) after the fact; other concerns around the likelihood that rights of objection to resource consent applications will apparently be severely curtailed in order to expedite the reconstruction.
But my main concern is over the longer term. A government which has declared itself the enemy of all environmental regulation — in the local government sector, overseen by Rodney Hide, in particular — is making a There Is No Alternative argument to use Canterbury as the test-bed for its latest massive (and this time rather ad-hoc) deregulation project. The project will have two different and contrasting sets of outcomes. In the short term, the volume of reconstruction and reconstruction work will pick up swiftly, providing a shot in the arm both to a flagging construction sector and to a region whose core industries, particularly manufacturing, were hit hard by the economic downturn. This will begin to peak through the coming year or so, coincidentally about the time it takes to get many resource consent applications underway, and not coincidentally, about the time of the next general election. The adverse consequences of a less-regulated construction and resource management sector — let’s coin the term ‘creaky buildings’ — won’t begin to appear until well after that time.
So, expect the 2011 general election to be fought substantially on this topic of deregulation, particularly of the local government sector, and to be fought on the front-foot with Canterbury as the key battleground. The predominant line in rhetoric will be “under the RMA, nothing would have been rebuilt yet”, and we’ll hear all the same assurances as we heard last time. And based on the rapid development and booming construction sector in that region, similar reforms will be proposed across the country. After all, if it’s good enough for Canterbury, why not everywhere else? And just as before, when the creaky buildings constructed under this regime begin to creak, there’s an even chance it’ll be a Labour government which picks up the pieces. Not only is there No Alternative, for a government focused on the short and medium term with an imperative to grow now and pay the bills later, there is no downside.
I can’t agree less with Grant Robertson’s, response to David Garrett’s latest bit of madness. He says he “doesn’t want to give further oxygen” to Garrett’s “extreme and appalling” views, but that’s exactly what they need: oxygen. At present both Rodney Hide and John Key probably want to forget the fact that Garrett is the ACT party’s Law and Order spokesperson, and that consequently there are no such things as his “personal views” on these topics which are separable from those of the party — he is the ACT party’s mouthpiece on such matters, and the government’s ally. We, the people who elected him and permitted Hide to assign him that role, are entitled to take these views seriously, examine them in the context of other things he has said and done, and the opposition’s job is to prevent anyone from forgetting what this man stands for, and how far his definition of “reasonable” is from that of the wider public. From now until he’s ejected from parliament, Garrett should not be able to show his face to the public without a graphic reminder of the fact that he think homosexuality is morally equivalent to paedophilia; that he favours policy (now implemented) which means more prisoners will suffer rape as a consequence of their punishment; and that he thinks poor brown parents should be sterilised. He must be required to either defend his views robustly, or forced to issue yet another humiliating public apology; and both ACT and the government must be required to defend their association with him, or forced to dissociate, demote or publicly censure him.
The instinct for the opposition to deny a topic like this the spotlight only makes political sense when the opposition is vulnerable on the issue; when they fear it could result in a populist backlash against them. Even then, the principles at stake mean a very strong backlash would be required to justify restraint on simple pragmatic grounds. There is no prospect of such a backlash in this case: as Grant says, the statement is “extreme and appalling”. Does Grant think his own sense of what is extreme and appalling differs so much from that of the electorate that they will not agree with him? The worst possible course of action for ACT and the government is to allow this topic to remain at the top of the political agenda for as long as possible. Failing to even try to keep it there shows a lack of political nerve on the part of the opposition; a continuation of the failed strategy employed prior to the election, which Key won in no small part because the very people who should be fighting against him bolstered his public image as a mild, simple, non-threatening chap. Genuine threats must be neither mocked or minimised; the “extreme and appalling” should not be laughed off or left unchallenged. This is the sort of weak-kneed liberal wimpishness and lack of rectitude which leads many voters to mistrust parties on the left, and cleave to parties and leaders whose convictions are firm and forthrightly held. The good and the just does not speak for itself, much as we might wish it would. It requires champions to stand for it, and evil truimphs when those champions fail to stand and fight.
To do so is not the “dirty” personalisation of politics: the character and views of a man who sits on the Law and Order select committee, and in the future could conceivably hold a warrant for Justice, Corrections or Police are perfectly legitimate matters for political debate, which speak both to his ability to represent the interests of New Zealanders and to the quality of the processes and people which allowed him to attain such a position.
The Garrett Solution, as I’ve argued elsewhere, contradicts almost everything the small-government right claims to stand for. After a decade of howling about “Nanny State in the bedroom” and “social engineering” we now see that their erstwhile objections to both these things were not principled, as they claimed, but were in fact just objections on the merits. Social engineering is wrong, they say, unless it’s at the genetic level. It’s also not new: this sort of thing was enthusiastically embraced during the last government by the more unhinged members of the extreme right, and now it has gone mainstream.
The topic of eugenics is the strongest symbolic matter introduced to the political sphere by any participant this term; it is a topic on which the right can only lose, and introduced by someone who is already vulnerable. The grass is high around the government’s camp, the fire is set by one of their own: now, if they are to gain an advantage, the opposition must fan the flames and beat the drums.
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.
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.
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.
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.
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.
This image is strong. Close-ups are rarely flattering, and this one has an unctuous, indignant defensiveness which evokes, well, just about every crooked politico in history. The text, leading with the universal refrain of officials on the take and following up hard with that beloved word ‘rort’, gives the audience all the necessary context. This is a position Hide has spent his political career avoiding, and one which he was once merciless in prosecuting. It’s a long way to fall.
It seems that the credit for this should go to Eddie, who drew together its various strands into the narrative we now have. It’s been picked up by a few blogs, including Red Alert, where Phil Twyford published his own clearly-derivative-but-not-attributed riff on the topic earlier today, complete with Goff’s press release which forms the basis for the NZPA story. And it looks like Eddie even chose the photo which Stuff ran with — only one is flipped on the vertical. Well done.
Update: Lyndon in the comments points out that the threads were in fact drawn together by North Shore mayor Andrew Williams in the first instance, and published on Scoop.co.nz – so Frist P0st credits there, although the Labour response seems more derivative of Eddie’s work than that, so my point largely remains.
Two topics in this post, because I don’t have time to fully develop them.
First, John Key must not ignore the anti-smacking referendum. Although the question was leading, the result was decisive and will embolden people like the Copeland/Baldock/McCoskrie axis of evil to drive the stake deeper into the heart of NZ’s traditional social liberalism. Tinkering with guidelines won’t mollify them, and won’t stop the electorate from listening to them because it doesn’t address the substantive point about the status of a light smack in law. What will do that is the Borrows Amendment. With a view to neutralising further attacks on the discipline legislation, I think the government should adopt and pass the Borrows Amendment with due haste, and put the issue to bed (without its dinner). It’s a mutual-second-best solution, whereas the repeal as passed in 2007 was not and will not endure.
Second, Rodney Hide’s position on the Auckland mana whenua seats is consistent and his behaviour is responsible. The (proposed) mana whenua seats in the Auckland case aren’t the same as the Māori electoral seats – they’re appointed, not elected, and this gives him separate grounds to oppose them. It is not inconsistent that he favours entrenching Māori electoral seats if they exist, but not of implementing any more such seats, and not implementing any seats which aren’t elected. He’s being responsible in clearly signaling his intentions in a fairly measured way. He’s not trying to exercise any more power than he has, but simply saying ‘my resignation will be a cost of making this decision, just so you know’ and requiring John Key to consider whether that cost is worth it. In addition, he’s working with Pita Sharples on the issue rather than taking a reflexively oppositional approach. Finally, this is strengthening his core political brand. It’s smart politics all around because whether he gets his way or not, he comes out of this looking good.
Update: A third thing – eternal guest-poster r0b at The Standard continues to go from strength to strength.
The National-Act government are going against the Royal Commission’s recommendations in an attempt to weaken resident participation, consultation and influence.
Labour MP, Clayton Cosgrove, is trying to remove residents’ right to be heard using the Resource Management Act in an attempt to give the airport carte blanche to create as much noise whenever and however they like.
This evening, the Wanganui District Council (Prohibition of Gang Insignia) Bill passed its third reading, by a narrow margin of three votes – three votes cast by the three members of the ACT caucus who represent the authoritarian faction which has edged in on the libertarian faction and now looks likely to consume it. Two of the votes will come as no surprise – the reactionary populist John Boscawen; and card-carrying hang-’em-and-flog-’em brigadoon David Garrett. Most surprisingly Rodney Hide – perhaps in a bizarre sort of solidarity with his two newest MPs, because I thought him better than this – also voted for the bill. The other two members – Sir Roger Douglas and Heather Roy – remained true to their liberal principles and voted against.
Let it be understood right away that I agree with the bill’s purpose in principle: to keep the residents of Wanganui free from intimidation by gangs. People have a right not to be intimidated, and that right must be secured by the government. But in this case, the cure is worse than the disease because it does nothing to actually treat the disease, only its smallest symptom; and because it fights arbitrary coercion with more arbitrary coercion.
The bill prohibits persons wearing certain things – `gang insignia’ where `gang’ is essentially at the Wanganui District Council’s discretion, and `insignia’ is determined as an issue of fact by a judge in a given case by recourse to the Evidence Act – from being in certain `specified places’ of the Wanganui district.
This is a weapon long-sought by the authoritarian populists who control Wanganui’s local politics – it enables them to outlaw groups who oppose them, or whom they would otherwise have to deal on more even terms. Practically any group could potentially be declared a gang under the right circumstances – the criteria are that the group, or some of its members be engaged in “a pattern of criminal activity”; that they be commonly identifiable by some sort of symbol which can be recognised well enough to ban; and that the ban be deemed necessary to prevent intimidation. Historically this could have applied to HART protesters, striking longshoremen, tangata whenua occupying land in protest at unjust systems of redress and uncooperative local government bodies. Today it could apply to those campaigning for the h to be put into Wanganui, if the protests become heated enough, which they could well do if Michael Laws carries on the way he has been. One man’s terrorist is another man’s freedom fighter, after all.
But for all that, it won’t matter a damn to the gangs themselves. When you try to constrain identity by legislating against its expressions, you engage in a running battle which cannot be won without continual escalation to more and more illiberal measures. Subcultural systems which are forced to adapt to the norms of a majority culture will always find loopholes – the more constraint imposed, the smarter the subculture gets. The Chinese are finding this out from the Song of the Grass-Mud Horse (video with full-colour English translation here), and the parents of tweens are finding it out from Britney Spears, and media content owners are finding it out from filesharers. If a broad ban on patches is enforced then the definition of what constitutes a gang symbol will change. Bandanas, coloured clothing, and so on will be worn instead of patches, but will convey the same intimidatory meaning. What then? Either the law is an ass, having failed to prevent what it seeks to prevent, or the definition of what constitutes insignia in law must change to match the definition in usage. I own the typical blue-and-black checked swanndri – should I be barred from wearing it in public in Wanganui, lest someone feel intimidated? Should my sister, who owns a red one? Talk of banning all blue and all red will be decried as reductio ad absurdum, but ultimately that’s the only way the policy will work, for the two main gangs which operate in Wanganui anyhow.
Or perhaps they’ll just ban those colours when they’re worn by Māori men of a certain build, and there’s the rub. Fundamentally, culture and class and inequality are the issues over which gang insignia are mere wallpaper, and banning it no more addresses the problem than changing the wallpaper stops the walls of a leaky building from leaking. Fix the alienation problem and you fix gangs – something that driving those at the margins of civil society further out into the cold will never achieve.
Update: Former Detective Sergeant in charge of the Auckland gang unit Cam Stokes made the same argument on Nine to Noon this morning. He goes further, arguing that the ban could make the work of Wanganui police more difficult by robbing the police of some intelligence-gathering capability, and could make convictions for some offences difficult to secure.
Another update: At The Standard Eddie reveals that Hide’s support for the bill – despite categorically stating ACT would never support it – was a trade-off for National supporting the 3 strikes bill. Filthy political lucre!