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Identity is politics

datePosted on 22:04, August 29th, 2013 by Lew

(Or: How the activist left learned to stop worrying and love identity politics.)

Here and elsewhere I spend much time railing against the notion that “identity” is somehow distinct from “politics”, or that “identity politics” is anathema to the idealised “real politics” of class and ideology. I don’t accept that those with politicised identities — in our context most often women, Māori and LGBTI people — ought to fall in behind the straight white able-bodied men of The Cause on the understanding that The Cause will lend its support to their subordinate issues when the time is right. Moreover, I don’t accept that a person’s politics can meaningfully be divorced from their identity. Identity is politics. I am far from alone in these views.

Recently it has come to my attention that many of those who claim to oppose “identity politics” are pretty happy with it too, given the right circumstances. The contest between Grant Robertson, Shane Jones and David Cunliffe provides a good example.

Right out of the gate the contest was framed in terms of identity — Grant Robertson’s sexual identity. “Is New Zealand Ready For A Gay Prime Minister?”, the headlines asked, proceeding then to draw dubious links between unscientific vox-pops and the reckons of sundry pundits, all of whom were terribly keen to assure us that they, personally, were ready, even if the country isn’t yet. But while Robertson’s identity is what it is, his campaign is not an identity politics campaign in any meaningful way. In this it differs sharply from the campaigns of the other two contenders.

Shane Jones
Shane Jones is expressly running an identity politics campaign: he’s Māori, and his goal to win all five seven of the Māori electorates for Labour is one of many explicit appeals to his Māoritanga, and well he might appeal: it is an attribute sorely lacking among our political leaders, and a particularly stark omission in Labour, with its long claim to being the, um, native party of Māori.

But Jones’ Māoritanga isn’t the only identity pitch: he has made overt masculinity a part of his brand. When he came clean about charging pornographic movies to Parliamentary Services, his explanation was “I’m a red-blooded male”. He recently doubled down on this in relation to Labour’s proposed gender-equality measures, saying New Zealanders didn’t want “geldings” running the country, and that “it was blue-collar, tradie, blokey voters we were missing”. His value proposition for the Labour leadership is that he can expand the party’s electoral base into the archetypally-masculine realm of the “smoko room” where such voters are said to dwell. It seems likely that this strategy will alienate a good number of female voters into the bargain.

David Cunliffe
David Cunliffe’s identity pitch is doesn’t look like an identity pitch, because we’re not used to seeing identity pitches from straight white men. But identity politics isn’t the sole domain of women and minorities — the US Republican Party has been running a long identity politics campaign for most of a decade against Barack Obama and Hillary Clinton.

Cunliffe’s claim is his identity as a guy who greets his supporters in a dozen different languages and whose announcement of a candidacy is greeted with a waiata, wearing a lei like it ain’t no thing. He is a mutual-second-best candidate for a bunch of different identity groupings — he’s male, but he has strong caucus support from Labour women, including his previous running-mate Nanaia Mahuta and marriage equality champion Louisa Wall. He’s straight, but he’s not homophobic or chauvinistic about it. He’s Pākehā, but his multicultural bona fides are clear, and he has strong support from Māori and Pasifika caucus members. He studied at Harvard, but he’s the working-class son of an Anglican minister. He’s comparatively young — Generation X — but not so young as to be seen as a whipper-snapper by the Baby Boomers. Homo Sapiens Aotearoan is David Cunliffe’s identity; a modern native of the biggest Pacific city in the world.

Grant Robertson
Grant Robertson’s campaign is quite unlike the others, which are pitched at the electorate, or parts of it. Robertson’s campaign is focused on unifying the Labour Party, on the basis that a unified party will be a more effective machine for building electoral support. His isn’t a pitch based around his individual brilliance or personal character, but his ability to organise, strategise, and forge an effective team out of his diverse and complicated group of colleagues. Robertson’s identity is a part of this — his advocacy and work in passing the marriage equality bill earlier in the year indicates where his politics lie, and make clear he’s no shirker — but this is by no means the focus.

And yet last night’s story by Brooke Sabin basically wrote Grant Robertson’s candidacy off on the basis of a series of ad-hoc buttonholes with workers at a union rally who apparently didn’t like that he was gay. Sabin reported that only two of the 40 people spoken to would support Robertson, and in the studio introduction to the piece anchor Hilary Barry inflated this to:

Labour leader hopeful Grant Robertson was dealt a blow today. Many in the religious and socially-conservative faction of the party, out in force at a rally this afternoon, don’t like that he’s gay, and won’t vote for him.

There are a swag of problems here: most obviously that repeatedly and urgently raising the issue (“not that there’s anything wrong with that”) sets the agenda. Further, the footage suggests that the only thing these vox pops were given to go on when assessing Grant Robertson’s fitness to be Prime Minister was that he was gay — so it was the only thing on the agenda. Worse yet; one respondent, when prompted to choose between Jones and Cunliffe, asked “Shane Jones … is he a gay too?” suggesting that not only was she not very well placed to make an informed assessment of the comparative merits of each candidate, but that asking her to do so anyway, taking her word as an indication of general union sentiment and then playing her naïve answer on national TV bordered on exploitation. (At least part of my assessment is shared by Neale Jones from the EPMU, who was there, and said on Twitter, “Sabin went around repeatedly badgering workers about whether they had a problem with Grant’s sexuality. Got story he wanted.”)

The Identity Agenda
Jones’ identity pitch is clear, and Cunliffe’s is less so, but not much less so. Robertson’s identity pitch is inferred from his sexuality and inflated. The only aspect of the archetypal “identity politics” candidate’s campaign which is focused on “identity politics” is the “ready for a gay PM” agenda, which is set by commentators and the media, outside Robertson’s control (but which he must tolerate, lest he be reframed as a “bitchy gay” rather than as the solidly masculine, rugby-playing sort we are possibly prepared to tolerate.)

So that’s ironic. But the deeper irony of this is that David Cunliffe is the darling of many of the people on the activist left who have railed most fiercely against “identity politics” all these years. (Check the list of endorsements here). There’s no policy to speak of in this contest — Cunliffe’s campaign is identity politics through and through, and yet the activist left loves him for it. I don’t think it’s unfair to observe that they love him, and they love it, because now it feels like their identity being prioritised in politics, as if it hasn’t ever been before. All that evil old “identity politics” they railed against before — the problem wasn’t that it was identity politics, but that it wasn’t their identity politics.

But I’m glad they love it. It works, after all. We have a strong sense of who David Cunliffe is, where he comes from and what motivates him, and that helps us understand, and more importantly to believe, his strategic vision and the policy platform he articulates. I think he genuinely does speak to a wider audience of potential Labour supporters than any recent leader, and that can only be a good thing for the party and the polity as a whole. If he wins, and I think he will, I hope it will go some distance to demonstrating that identity and ideology aren’t zero-sum; they’re complementary. Maybe once that realisation sinks in we’ll be really ready for a gay Prime Minister, or a Māori one.

Maori Socialism versus Maori Capitalism?

datePosted on 13:18, February 6th, 2013 by Pablo

Woe be it for me to venture into the minefield of Maori politics on Waitangi Day. Yet the ructions around “Escortgate” at Te Tii Marae got me to thinking that perhaps there is more to the story than arguments within Ngapuhi and the inevitable displays of division that seem to mark the yearly event. At risk of stating the obvious, it is not just about different forms of identity politics.

Instead, what may be on display is the fundamental conflict between what might be called maori socialism and maori capitalism. By that I mean maori identity superimposed on a class base. Maori socialism is a view that is working class and lumpenproletarian in perspective, while Maori capitalism is propertied and bourgeois in orientation. The Hareweras and the Mana Party are a good examples of the former while the Maori Party and entities such as the so-called “Brown Table,” to say nothing of numerous trusts and boards, constitute examples of the latter. The conflict between them is not so much rooted in personalities, iwi and hapu (although there is clearly a strong element of that), but in fundamental differences in economic perspective and the proper approach to the Pakeha-dominated socio-economic and political status quo.

To be clear, I am not referring in this instance to pure forms of socialist or capitalist thought. Communal and egalitarian beliefs are as strongly represented in maori economics and society as are ownership and hierarchy. In the realm of Maori politics it seems that hybrid approaches rooted in one or the other ideological perspective have come to dominate political discourse. But the broad division between “Left” and “Right” seem fairly distinct.

The “militant” (although it is not truly that), “socialist” (although it is also not really that) approach is to largely reject the Pakeha rules of the game as given while working on what generously can be called a war of position strategy: raising consciousness amongst subaltern groups within whom lower class maori constitute the core around which issues of praxis are addressed. In this strategy alliances with Pakeha leftists are feasible because the ideological line vis a vis the common class enemy is roughly the same.

The “moderate” (phrased nicely) capitalist approach is one of pragmatic accommodation and incremental gains within the elite system as given. Alliance with Pakeha elites is possible given the division of potential spoils available in a system constructed by and for elites, but which increasingly has the potential to be colour and ethnicity-blind. Here the strategy is also one of a war of position, but in this case from within rather than from without.

Needless to say, there is some blurring between the two (e.g. Mana plays within the institutional rules of the political system and the Maori Party is not averse to relying on extra-institutional means of getting their point across). There are also significant agent-principal problems on both sides.

Even so, it seems that the main source of conflict within maoridom is grounded in class orientation and its corresponding strategic approach as much if not more than anything else. Put vulgarly in leftist terms, it is a conflict between the staunch and the sell-outs. Put bluntly in capitalist terms, it is a conflict between losers and realists.

From a practical standpoint, the underlying class differences are more difficult to resolve than other aspects of maori identity. It is in the Pakeha elite interest to keep things so.

Given my ignorance of Maori politics I could be wrong. I defer to Lew, Anita and more informed readers in any event. My intent is not to stir.  Instead, this post is written as an inquiry rather than a statement. Your views on the issue are therefore welcome.

The Crown Gets Its Pound of Flesh.

datePosted on 17:27, May 24th, 2012 by Pablo

I am surprised by the jail sentences handed down to Tame Iti and Te Rangikaiwhiria Kemara in the Urewera 4 case. I had expected substantial fines and at most community service sentences for all of the defendants. The same day the Urewera 4 were sentenced a doctor was fined $1000 for firing a crossbow at a tree 3 meters from a tent of sleeping children at a DOC camp site, so it seemed reasonable to me that people who discharged firearms in the vicinity of no one other than themselves would receive sentences in line with the good doctor’s. But, as it turns out, the Judge in the Urewera 4 case had a different line of reasoning, and it is worrisome.

Even though the Urewera 4 were not found guilty on criminal conspiracy charges, the judge who sentenced them, Rodney Hansen, repeatedly referred to them as if they had been. He spoke of an armed militia with leaders and followers, and he mentioned molotov cocktails–the possession and use of which they were not convicted of–as proof of something sinister going on the outskirts of Ruatoki. But the sentences were supposed to be for violations of the Firearms Act alone–six in the case of Iti, Kemara and Emily Bailey and five in the case of Urs Singer. So why did the judge bring in a line of reasoning at sentencing that is more appropriate to a guilty verdict of criminal conspiracy, and why the relatively harsh penalties for violations that, quite frankly, are fairly routine in some sectors of New Zealand society? In fact, the sentences do not distinguish between the types of firearms used by different individuals, so that those who handled a sawn off shotgun were treated the same as those who handled a bolt action .22. Bringing up the subject of molotovs, militias, purported bombing (but not bus-flinging) plans at sentences for Firearms Act violations is irrelevant and prejudicial.

Lew and I have written previously at some length about the discrepancy between this prosecution and the seemingly blind eye the Police and Courts cast on very similar bush antics by right-wing extremists who make no secret of their hatred for assorted ethnic and religious groups and who have proven histories of violence against those they hate. I shall therefore not repeat what we have said. But what I can say is that these sentences confirm to me that this Crown prosecution was about punishment and deterrence, not justice. One way or another the Crown was going to extract its pound of flesh from at least some of the original defendants, a process that not only involved lengthy delays in providing the defendants with their day in court (by over four years) and the admission of illegally obtained evidence,  but which also is designed to serve as a warning to others who might be of similar ideological persuasion and direct action mindset. As I have said before, the process was the punishment for the original 18, and these sentences are the final act in that process. It has not been fair, it has not been just, and other than assuage the primordial fears of conservative Pakeha such as Louis Crimp, the National Front and the closet Klansmen that inhabit the right-wing blogosphere, it does nothing to advance respect for the law and the concept of equal treatment for all.

Given that the sentences for Iti and Kemara appear to be disproportionate to the crimes committed, and that the judge’s reasoning was at least in part based upon tangentials that should not have been admitted at the sentencing phase, I would hope that they will be appealed and eventually reversed. Otherwise the conclusion to Operation 8 looks like another case of Pakeha utu on people who dare speak truth to power in unconventional, theatrical and ultimately silly ways.

 

ACT and National Front to announce merger.

datePosted on 12:19, May 19th, 2012 by Pablo

That is about all I can figure after reading this about Louis Crimp, Act’s largest individual donor in the 2011 election. The line about Invercargill is priceless but there are several other gems as well. Mr. Crimp appears to be getting PR advice from Kyle Chapman or Jim Beam, so why keep up the pretense any more and not just announce the merger of the two white rights movements?  Better yet, once John Banks gets the inevitable boot from parliament, perhaps the AKKKT Party can dip into some of that NF talent pool for a replacement.

AKKKT–a political cough in the larger scheme of things, but a full throated sputum of the NZ Right.

The GC: is this what we’ve come to admire?

datePosted on 10:59, May 4th, 2012 by Lew

After some consideration of my sanity, I watched the first episode of The GC. It was more or less as I expected. I’ll probably never watch another minute of it, but it’s not a show for me. Nor is it a show for all those other high- and middlebrow honkeys (including Mike Hosking, TV reviewers, and 10,000 Facebookers) who are wringing hands and clutching pearls about how it’s empty trash that glorifies superficial extravagance and shallow excess at the expense of what is “real” or “authentic”, how it’s exploitative and demeaning to Māori, or whatever.

There’s some merit in these critiques, and in the complaints about NZ On Air funding, which it seems to have been allocated to a slightly different show than what ended up actually getting made. But ultimately I don’t think it matters. The GC tells us important things, not only about the beaches, bods and booze society it portrays, but the society from which its participants originated. The most legitimate object of critique is not the show, or its cast, but the system that makes such a bizarre phenomenon not only viable, but compelling.

Always bound to be something. Don’t matter if it’s good or not. Mama always said, “finish your kai. Don’t be fussy!”

Tame (pronounced “Tommy”) was talking about aunties, but the statement expresses the main reason many young Māori leave school and go to The GC and places like it in the first place: because they’re places where there always is bound to be something that’s better than nothing; you take your opportunities as they come up, and eventually you’ll be ka pai. Aotearoa, for many young Māori, is not such a place: the release of employment data showing that Māori unemployment is twice the national average will be no news to anyone who’s been paying attention, and the trans-Tasman wage disparity for those who are employed remains broad. If a kid like Tame can roll like a wideboy property investor on a scaffolder’s coin in The GC, and the counterfactual is minimum wage, gangs and prison back home in Timberlea, why not? As Annabelle Lee-Harris, a producer for Māori Television’s Native Affairs, said on Twitter:

Stay in NZ with the other 83 k unemployed youth or go to the GC where everyone has $ and lives in bikinis? Seems like a no brainer #TheGC … You can’t deny Maori have a far better quality of life on #TheGC. It may seem shallow but actually their kids aint gonna get glue ear etc.

Returning to the question: is this what we, as a society, have come to admire? The answer is yes; this is the neoliberal reality in which we all live. The truth is we always did admire it; it’s only the nouveau-riche cosmetics we cringe at. When our hereditary nobles and “real” celebrities live their extravagant, idiotic lives in public we celebrate them. When a bunch of brown kids do it, all of a sudden they’re an embarrassment; they’re abandoning their heritage, dishonouring their ancestors, should get real jobs and get back in their place.

But it’s all very well for snooty middle-class (and, I suspect, largely middle-aged) white folks to peer down their noses and mutter about how much of a shame it is. It’s easy to do when you’ve got options, mobility and capital (both financial and social). It’s easy to do when you’re not forced to choose between keeping your ahi kā burning, staying with your people and trying to preserve (or find) your place in society on the one hand, and earning a decent wage and staying out of prison on the other. It’s all very well to mythologise and romanticise Māori as a noble people, beyond wealth, if you don’t have to live their reality. And the Māori reality is not static. NZ On Air funding was sought and granted to examine aspects of the contemporary Māori reality. If you look beyond the caricature, the phenomenon examined by The GC is an aspect of the contemporary Māori reality. This goes some way to mitigating the criticism. Former TVNZ CEO Rick Ellis was completely serious (if wrong) when he cited Police Ten-7 as a legitimate portrayal of Māori on TV; there are few outside the niche market occupied by Maori Television, and like the shows on that underrated network The GC at least has the benefit of being made by, for and starring Māori. You don’t have to be very cynical to conclude that there’s a racial motive, however unconscious, behind calls for The GC to be cancelled and its funding redirected to saving TVNZ7, which Paul Casserly recently called “Pākehā TV“.

Maybe the “I’ve got mine” flight to material wealth is simply neoliberalism dragging people away from their values and further into its clutches, but at some point it stops mattering. Māori have had enough generations of being told to be patient, to make do, to play nice and they’ll get what’s good for them. Those who do the telling are are far from impartial. How long are Māori supposed to wait for the Pākehā justice system to make things right, to repair the alienation and dysfunction and reverse the discrimination that still affects them? And even when the system does finally deliver, it’s no sure thing: emerging Māori business leaders are mocked as fools when their ventures fail and abused as fat-cat tribal oligarchs when they succeed. As far as Pākehā society is concerned, Māori can do very little right, so the only surprise about the Mozzie phenomenon is that there are still so many young Māori who haven’t given up waiting for the NZ system to work, and set about making the Australian one work for them. We expect them to act in their own self-interest, and we construct economic and political mechanisms to that end. This is our system, not theirs: if you don’t like their rational responses, don’t blame them: blame yourself, and your part in making it so.

L

Violating ourselves

datePosted on 00:03, May 5th, 2011 by Lew

This post is more rantish and more polemic than even my usual here, and although I’ve said all this before (it seems like hundreds of times) I feel the utter dearth of understanding of what the Treaty of Waitangi is all about — particularly among Pākehā — necessitates it being said again. Forcefully.

Danyl Mclauchlan is someone who, for the most part, gets it, and over the past few days he has put up a couple of very smart posts on the topic. Both are worth reading, and the comments to both also, if only for a view of the howling gulf which passes for understanding of Aoteatoa’s fundamental history among what is probably one of the largest, smartest, and most liberally-minded blog communities in the country. But I refer to the second, and in particular the three points which Danyl argues nullify Don Brash’s claim that Māori should be treated no differently to any other ethnic group in New Zealand:

  • Maori as a people were signatories to a treaty that was not honored.
  • Maori, their culture and language are unique to New Zealand. If we don’t try and preserve, say, the Chinese culture and language in New Zealand and it is subsumed by the dominant culture then that’s a little sad, but not a tragedy because the culture and language flourishes in other countries. But if the state doesn’t cultivate Maoritanga and it goes then it’s gone forever.
  • Maori are overrepresented in negative statistics like crime and morbidity, and it’s sometimes more effective to target these problems culturally rather than at the wider population.

The first really is the beginning and the end here. The other two are good and worthy, but rest on the utility of those particular goods (value of the culture, wellbeing of Māori people) rather than on hard principle. That permits the “One Nation” lot to argue the waffly details and ignore the fundamental point, which is this: the Treaty of Waitangi provides a settlement right to Tau Iwi, and in particular grants the Crown the right to establish government, from which all future settlement (and other legal and civil society) rights devolve. Nothing else in the factual historical record of New Zealand history grants that right. Nothing else. You take that right and you accept the terms under which it was agreed, or you leave it. Successive generations of settlers have chosen to accept it, and that’s a wonderful thing. But it is not a right which can be enjoyed without obligation.

Hobson and his lot had no rights to settle here until they were granted by the Treaty. Sure, he could have tried — but they were outnumbered 20 to one by well-armed, well-trained soldiers who’d by that point been fighting wars on land and sea for generations, who had a complex internal economy and international trade systems up and running for more than a decade, and who were swiftly becoming cognisant of the realpolitik of the day. You could argue the settlers would have prevailed in the end, and you’d probably be right — but in point of fact that’s not what happened. In any case, if Don Brash or anyone else want to go down the repugnant path of claiming swordright over Aotearoa, they’re welcome to try.

Hobson drafted the Treaty and agreed its terms on behalf of the Crown, and consequently Tau Iwi were granted by Tangata Whenua the right to settle, to implement laws and so on, under conditions stipulated in the Treaty. The opening words of Article 3, the one which Don Brash and the other “one nation” bangers love to quote is “in consideration thereof”; the deal is contingent on the agreement being honoured. One other thing. To all those folks who argue it’s a “relic”, there was no expiry date on the Treaty. It gets amended or disbanded according to the wishes of its signatories, the two parties to it, or their descendants as appropriate. And by no other means. People of today remain bound by the decisions of the governments of yesterday. On the other thread Psycho Milt makes this crystal clear.

So it’s really very simple: as Tau Iwi, if we live here in Aotearoa, we have an obligation to do our bit in ensuring the Treaty gets honoured. Because to the extent it remains unhonoured, we’re in breach of the only thing which grants us any enduring legitimacy, the only agreement which gives us a right to be here. One of the basic, fundamental principles of the English civil society which Hobson represented, and which New Zealanders continue to hold dear today is the notion of adhering to one’s agreements; acting in good faith. In fact, Hobson’s instructions were to deal with the Māori in good faith as equals.

Pākehā society, by refusing to honour the Treaty, isn’t honouring its contract with the Tangata Whenua of this land. That breach is not the breach of some airy fairy notion of being nice to the natives. This is not some set of alien strictures; it is not some Mosaic law handed down from on high, to which we must adhere for fear of divine punishment, and most certainly it is not a set of principles insisted upon by Māori in order to weaken the Pākehā bargaining position. This is Pākehā culture in its purest, most idealised form! By failing to honour the Treaty Pākehā society is in breach of its own most fundamental and hallowed principles. The economically dry parties — ACT and (lately to a much lesser extent) National — who are most strongly opposed to honouring the Treaty are doubly guilty in this regard, because they know better than anyone that reliable contracts are the foundations of good society. The responsibility of adhering to one’s agreements is at the core of their philosophy.

Well, I’m Pākehā, and even if those other pricks won’t live up to their own declared standards, I want to honour my agreements, and those of my forefathers; and those made by people from whom I’m not descended but from which my 20th-Century immigrant grandparents benefitted. This Pākehā, at least, pays his debts. I do not carry guilt for the 170-odd years of breaches to date — I carry the responsibility for making right. What form will that take? Well, that’s a wider question and one to be properly decided by society at large.

By failing to honour the Treaty Don Brash is in violation of his own stated principles as the representative of a party which believes in responsibility. By failing to honour a Treaty drawn up by Pākehā, on Pākehā terms and according to Pākehā custom, we as New Zealanders are, more than anything, violating ourselves.

L

There’s a follow-up to this post and discussion here.

Maui Street

datePosted on 10:04, March 25th, 2011 by Lew

For some weeks now I’ve been meaning to give a big up to Morgan Godfery and his blog Maui Street.

Over the past six months Morgan has been writing prolifically on NZ society, politics and constitutional topics. He is unapologetically indigenist, but with a sensitivity to the political realities of indigeneity in a Pākehā political and social system. Unsurprisingly, this balance means he and I share similar perspectives on many subjects; notably the uselessness of the Labour party and the desperate need for a genuine contest of political ideas within New Zealand’s left. On other topics, not so much: he supports banning gang patches and is considerably more critical of the Iwi Leadership Group in and ‘corporate iwi’ (in which he broadly includes the leadership of the māori party) than I am.

One major difference is that Morgan is actually Māori himself, so speaks more authentically on many of these issues than I can — and indeed, than almost anyone in the NZ blogosphere can. Especially useful are his evaluations of the māori party (parts one and two); the Kīngitanga; the best and worst-performing Māori MPs; and of the Welfare Working Group report and what it means for the māori party.

But there’s a lot more than that. So go and read his archive, join the kōrero. Aotearoa needs more discussions like this sort of writing could kick off.

L

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.

L

Revealed preference

datePosted on 21:27, March 14th, 2011 by Lew

Former National leader Don Brash addressed the ACT party conference at the weekend, which was half “catching Australia” boilerplate and half a warming-over of the infamous “nationhood” speech given at Orewa in January 2004 (for a thorough rebuttal of which see Jon Johansson, Orewa and the Rhetoric of Illusion). During his address at the weekend (although no mention is made of this in the text of the speech on his website, linked above), Brash correctly stated that the Treaty of Waitangi was ahead of its time, because the contemporary Australian approach, by contrast, was to “shoot the natives”.

At this point, a heckler in the audience piped up: “let’s bring it in“. (Audio).

Moments like these, when people are put in the position of genuinely involuntary response to some stimulus or other, are pretty rare in a political environment dominated by strict stage-management, spin and counter-spin. Their type and quality can tell you a whole lot about a political movement, especially when the response is collective, spontaneous, and embedded within a heightened or aroused political context, such as in the middle of a keynote speech.

What happened next was that the delegates in attendance at the ACT party laughed. At the suggestion that New Zealand implement a system of genocide against its indigenous people which, even back in 1840, was a source of shame for Australia, those in attendance at the annual conference of a New Zealand government party whose ranks include two ministers of the crown laughed. It is hard to be sure from the audio, but it sounds like Don Brash also laughed — someone on-mike did, and in such circumstances only the speaker is miked. Quickly, the laughs turned to disapproving murmurs, and Brash continued speaking as if nothing had happened. But by then the moment was over — the ACT delegates’ true colours had been revealed.

Not all of them, to be sure. No doubt there were those who were agape at the suggestion. Stony, stunned silence from the delegation at large would certainly have been an appropriate response and one which I don’t think would have been too hard to muster. Eric Crampton has suggested (though I suspect he’s by no means committed to this line of argument) that nervous laughter is a fair response to shock; admitting also that nobody seems to be claiming that the laughter was nervous. Eric also placed one in five odds on the heckler being a ringer whose plan was to elicit just this sort of response, in order to discredit the ACT party. Fair enough, I suppose. But it’s not the heckle itself which was disturbing — every party contains its fringe lunatics, those who fly off the handle and say embarrassing things. What’s disturbing is the response, the spontaneous, reflexive, collective reaction to the suggestion of genocide.

Just as Labour are the party of humourless, tuneless harridans after their “John the Gambler” song at the 2008 annual conference, and the Greens are the party of morris dancing hippies because of their 2001 annual conference, the fundamental take-away here is that ACT is the party who laughs at genocide jokes. The ACT delegates own that moment of laughter, just as much as they own the disapproval which followed it. It’s not even out of character for a party which has for some years now campaigned on the basis of arguments that indigenous people represent barriers to the white man’s progress, and was at the time of the interjection revelling in a sustained argument to that very effect: get rid of the bloody natives, and things’ll be a lot easier around here, and then we might catch up with Australia, who solved their bloody native problem good and proper. It speaks to the core beliefs of those in attendance, and what’s more, it largely reiterates what most peoples’ impressions of the ACT party are, based on their rhetoric, their policy positions, and their steadfast opposition to every bit of legislation giving the slightest acknowledgement to Tino Rangatiratanga.

Whether a ringer or an organic outgrowth from the party delegation, whether speaking his own truth to power or having just had a few too many free glasses of capitalist sauvignon, the people of New Zealand are indebted to this anonymous heckler. He has granted the nation a unique insight into the ACT party, and rare basis upon which to judge its underlying character. That’s good for democracy.

L

Farewell Dame Judith Binney

datePosted on 13:16, February 16th, 2011 by Lew

Sad news today that Dame Judith Binney, who was probably New Zealand’s greatest living historian, has died.

Dame Judith is best known for her remarkable works on the history of colonialism in New Zealand — in particular for Redemption Songs: a life of Te Kooti Arikirangi Te Turuki; and more recently Encircled Lands: Te Urewera, 1820-1921 . Shortly after the publication of Encircled Lands, in December 2009, Dame Judith was hit by a truck while crossing a road in Auckland. She suffered a head injury, and while it has not been confirmed, it seems reasonable to assume that this contributed to her early passing.

I can’t do her work and her career justice, so rather than try, I’ll refer you to Scott Hamilton’s excellent essay Why we need Judith Binney.

A huge and tragic loss.

L

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