Posts Tagged ‘Through The Looking-Glass’

White Queen

datePosted on 15:17, March 17th, 2011 by Lew

Andrew Geddis has a good post up on Pundit about Hilary Calvert and her apparent ignorance of the Humpty Dumpty scene from Through the Looking-Glass.

The extent of Calvert’s idiocy being so egregious, it seems a mite churlish to point out — in addition to failures of basic logic and lawyerly literary culture — the flaws of historical and legal reasoning in her now-famous speech on the foreshore and seabed topic. But Calvert dug her own pit when she wittered on about tangata whenua “crawling on the seabed” like some sort of primitive bottom-dwelling life forms, holding their breath for the better part of two centuries, and the length of a cannon-shot — and the following can’t go unmentioned. Despite being a big-city property lawyer, Hilary Calvert apparently hasn’t done the first bit of research into the basic legal history of this particular property-rights debate. The Muriwhenua report of the Waitangi Tribunal (Wai 22), one of the mechanisms which resulted in fishery rights being vested in various iwi (the “Sealord deal”), is a very well-known and documented case, and covered the matter of indigenous control of coastal waters in considerable detail. Its findings were robust, and were summarised as follows in the report of the Foreshore & Seabed Review Panel:

The Tribunal, which heard detailed evidence on that particular district, concluded that there was an ‘inner’ zone related to the continental shelf, stretching 12 miles out from shore. The hapū and tribes of Muriwhenua had full control over fishing and passage inside that zone. They claimed the same rights further out, but only insofar as they could be enforced against challengers. In the ‘Māori idiom the hapū and tribes of Muriwhenua held the “mana” or “authority” of the whole of the Muriwhenua seas’ within a minimum of the 12-mile zone. The nearest British cultural equivalent, the Tribunal found, ‘is to consider that they exercised “dominion” over that part, or “owned” it as part of their territorial waters’. We accept this view that Māori tribes had dominion over their territorial waters as at 1840, and that in the particular circumstances of the Muriwhenua district, it extended for at least 12 miles out to sea.

So neither Calvert nor anyone in the ACT research unit who checks speeches for accuracy (yeah, permit me a little poetic liberty) has even read the definitive public document from which this replacement law has emerged — let alone attained even a passing familiarity with the basic historical situation which underpins the argument around customary property rights to the coastal marine area. ACT don’t even understand the legal situation regarding the foreshore and seabed review; they oppose it viscerally, without even really knowing or thinking about why. Let me be clear: there are good reasons to oppose the passage of this bill. Although I don’t personally agree, I’ll even go so far as to say that there could be good, principled reasons to oppose this bill because it goes too far in compensating tangata whenua. The reasons being stated by ACT in general and Hilary Calvert in particular are not such reasons, by any meaningful standard.

ACT’s position prior to this week was bad enough; this week it has degenerated into farce. In Through the Looking-Glass the White Queen believes six impossible things before breakfast, and lives in backwards, looking-glass time. On the basis of this performance one has to wonder whether Calvert, once apparently a pretty sharp operator, is finding that her faculties of critical and professional reasoning are becoming atrophied. Though, as someone on Danyl’s blog remarked yesterday, it pays to remember that she was ranked below David Garrett on the party list.