Response to Phil Sage on the FSA

Phil at No Minister has written a long and pretty useful post on the background and consequences of the FSA and its coming repeal, titled Customary rights, free access and the beginning of the end for Socialism in New Zealand?

I have a couple of things to quibble about, and since I dare say there’s not a huge crossover between the readership of KP and No Minister, I’ve reproduced my comment below.

Continue reading “Response to Phil Sage on the FSA”

Not dark yet, but it’s getting there

Allan's beach at dusk, Dunedin, New Zealand
(Image, “Allan’s beach at dusk, Dunedin, New Zealand”, stolen from Nicola Romanò)

The Foreshore and Seabed deal is not over yet, at least not as far as Hone Harawira is concerned. He has come out swinging (audio) against the government, saying the consultation process which resulted in the agreement was “bullshit”, that Key has shown poor faith and “pandered to rednecks” with a Foreshore and Seabed repeal proposal which is all take and no give:

[The government] took the two things which would make Pākehā happy and refused to give the one thing which would make Māori happy.

The two things are guaranteed public access and inalienability; the one thing is Māori title. Furthermore, he’s reaffirmed a commitment to ongoing struggle for a more equitable resolution:

We may have to wait for another Labour government, we may have to wait for a formal coalition between the māori party and the Greens together, we may have to wait for hell to freeze over and ACT to give it to us, I don’t know.

This is good, and in my view it’s the position the party ought to be taking. But paradoxically, he supports the party’s decision to accept the agreement, saying it’s “a step in the right direction”. This can only make sense if whatever legislation which replaces the FSA is non-enduring; essentially, another step along that road laid down by the Good Intentions Paving Company, rather than the full-and-final settlement which will carve the proposal in legislative stone.

But I think if they follow this path, it will be all over. I don’t think they have a hope of being able to play this as an ongoing struggle, having consented to it. As Bright Red said at The Standard yesterday, both major parties will see this issue as settled and will suffer terribly if they bring it back to the table. The only reason the FSA was even up for debate is that even National could see the manifest injustice of legislation being rammed through against the vehement opposition of the group most subject to it; while many among National derided the FSA as being too generous, nevertheless the process of its passage was repugnant to them.

Hone Harawira and many others no doubt think that this process was similarly repugnant, but that view has little legitimacy since the Iwi Leadership Group and the māori party have willingly agreed to it. This is how liberal society works; this is tino rangatiratanga in action: you make your decisions and you live with their consequences. The only hope now, it seems, is that the eventual bill drawn up from the Agreement in Principle signed yesterday will provide some pretext for the party and the ILG to withdraw its support. This will come at an enormous cost in terms of goodwill, but I have no doubt that despite his protestations to the contrary, Hone Harawira is getting to work on setting the stage for such action already.

L

What changed for the Iwi Leadership Group?

So the māori party has accepted the government’s Foreshore and Seabed Act repeal proposal.

As I posted the other day, the Iwi Leadership Group, chaired by Mark Solomon, was dead-set against the proposal, with Solomon speaking in very strong terms against it. But now, while residual concerns remain, the ILG has now issued an admittedly grudging and vague endorsement. But there is a lot of daylight between Solomon’s words previously and the content of this acceptance. So my question is: what’s changed? While writing this, I was pleased to hear that Brent Edwards and Barry Soper asked the same thing during the PM’s presser. According to Turia, what changed is that:

In terms of customary title and customary rights, we have been given an assurance that those rights will be as sacrosanct as any other rights to title.

That’s very squishy. The problem hasn’t really been the veracity of the rights in question; it’s been the barriers to their acquisition and the limitations on their extent. Neither of those problems have been addressed. The matter of ownership isn’t trivial, and in particular the glaring difference between nascent Māori title-holders whose potential rights have been largely circumscribed while the possessions of existing, mostly Pākehā, title-holders are retained, was of particular concern to Mark Solomon — has not been addressed. More than that, the requirement that claimants not be disadvantaged in their claims by a prior Treaty breach is nowhere to be seen. This is particularly crucial, since it distinguishes to an extent between legitimate and illegitimate alienation. Under such a proposal (as I understand it, and in general) a claimant would be able to claim rights to privately-owned raupatu land and resources, whereas under the present scheme any land in private ownership — no matter whether it was originally confiscated at gunpoint — cannot be subject to a claim. That’s a big deal.

There are some positives in this scheme. As I’ve said, I dislike the “public domain” aspect of it; but I think the recognition of two distinct levels of customary title is good (particularly when set against the FSA’s draconian all-or-nothing approach in which all would get nothing). I generally approve of the mechanisms by which those claims can be tested. But it’s my view that this proposal grants little to Māori that they didn’t already have under the FSA, and although the barriers to test a claim are lower, and the mechanisms are more robust, and there’s generally better faith between the crown and Māori now than there was in 2004, it’s fundamentally the same sort of beast: iwi petition the Crown for rights that, according to the common law of the land, were never extinguished and ought never have been abridged; Māori debased as supplicants, begging the very agent of the crimes perpetrated against them for recompense.

Anyway, my initial position of criticism in the former post was that the māori party would be acting against their mandate if they accepted the government’s offer, it having first been unanimously rejected by the ILF. But the ILF having turned on a dime leaves me in two minds: I don’t like this proposal and I don’t think it has sufficient merit to be acceptable to Māori; but regardless of that the māori party is fulfilling its mandate by accepting it, acting in accordance with the guidance given it by the Iwi Leadership Forum as representatives of the iwi groups with claims to test. What puzzles me is not why the māori party have agreed to it — although the blame will no doubt be laid at their feet more than anyone else’s, and I agree that they ought to have done better — but why the ILF changed so rapidly and so completely. I’m left feeling much like I did when Michael Laws claimed victory about the h when the result of the government’s decision would be to establish Whanganui as a new orthodoxy, and relegate those wanting to use Wanganui to quirky outsider status:

Who knew that all Michael Laws wanted for his cause was an emasculating partial endorsement and a prolonged death sentence? He could have saved everyone (and his own reputation) a great deal of trouble by making this plain at the beginning.

There are a few possible explanations. One is that Solomon’s position as articulated on the Sunday politics shows and later on NatRad was not truly representative of the ILG’s position, and he has since been hauled back into step. DPF favours this line of argument and reproduces a Ngāti Porou press release in evidence. Another is that Solomon’s remarks were an aggressive negotiating position. But he’s not usually the sort to play brinksmanship games, and this government, with its solid parliamentary majority and two-winged coalition structure, is a poor choice of target for such a strategy. Another possibility is that something really did change, and they’ve received more than just assurances. A fourth, and no doubt very popular possibility is that Turia, Sharples, Solomon, Mahuika and all the other Hori Tory tribal elites have been bought off with baubles of office, beads, blankets and limousines.

I guess we’ll see when the final bill is drafted and introduced. And, of course, the response from the flaxroots will be important, because if they feel like they’ve been sold down the river, no amount of baubles will keep them from abandoning the māori party. And nor should they.

L

Between the Devil and the deep blue sea


(Image, “Road to Hell”, stolen from Alexander West.)

And I did not mean to shout, just drive
Just get us out, dead or alive
The road’s too long to mention, Lord, it’s something to see
Laid down by the Good Intentions Paving Company
(Joanna Newsom)

John Key’s government is starting to play for keeps after a year and a bit warming up. There have been a few clear examples of this, including the aggressive tax and service cuts in Budget 2010, and signs pointing to privatisation in the not-too-distant future. Less orthodox is the recent hardening of the government’s position on take Māori.

Key was not punished for his calculated snub of TÅ«hoe, and it seems the success has emboldened him to flip the bird to an even larger Māori audience, saying two things: that Māori can take or leave the government’s public domain proposal for the Foreshore and Seabed; and that by “Māori” he means “the māori party”. It’s these things I want to discuss, and they need a bit of unpacking.

Pragmatism and principle
Conventional wisdom on the Left is that Key’s blowing off Māori is (either) paying the red-neck piper, or a genuine manifestation of his (and the government’s) own racism. I think it’s neither and a bit of both. On the second bit, I accept that the National party’s history on Māori issues is broadly racist inasmuch as it hangs on a “one law for all” rhetorical hook whilst systematically opposing measures which safeguard the equal application of those laws to Māori, but I think this is down to the casual racism of privileged ignorance rather than the malicious anti-Māori sentiments of Orewa. Key’s politics, I am convinced, consist of a thick layer of pragmatism on a thin frame constructed of a few very strong principles. The principles are not the bulk of his politics, but they strictly delineate the extremes of what he will and won’t accept. Fundamentally on cultural issues he’s a pragmatist, and doesn’t much care either way as long as he’s getting his. But there is a solid core there which is only so flexible, and changing the ownership status of huge tracts of land (whether by Treaty settlement in the case of Te Urewera or by nationalisation in the case of the Iwi Leadership Group’s suggestion regarding privately-owned sections of the Foreshore and Seabed) is too much of a flex. There are good principled reasons for National to oppose such a scheme, and for this reason I don’t think he’s pandering to the redneck base so much as preserving what he perceives to be the National Party’s immortal soul: cultural conservatism and the maintenance of material property rights. Although I broadly disagree with the reasons, and the decisions, I wish that Labour had done as much to preserve its own immortal soul in 2004 and 2005.

“One law for all”
While I’m on record opposing a “public domain” resolution of the Foreshore and Seabed because it’s a solution of convenience rather than one born of any deep consideration of the issues in play, I have a little more time for Mark Solomon’s suggestion that if Māori are to give up nascent property rights to the takutai moana, those already holding such property rights ought to be obliged to do the same. I’m not convinced by arguments from PC and DPF to the contrary. PC’s argument, that iwi and hapÅ« ought to have full common-law recourse to test their claims as permitted by the Court of Appeal ruling in favour of Ngāti Apa has more merit than DPF’s, but I still consider it a poor option since there is a high likelihood of a culturally and politically repugnant outcome which would lack durability and further inflame racial hatred. Contrary to DPF’s claim that Solomon’s position is unprincipled, Tim Watkin argues that it’s actually a pretty good representation of “one law for all”. It would ensure that existing landowners — most of whom happen to be Pākehā — are not grandfathered into a new scheme simply by virtue of having bought land which may or may not have been legitimately acquired from whomever it was bought, while iwi and hapÅ« — who happen to be exclusively Māori — are forced to give up their rights. I argued much the same thing a few days ago, and I’m pleased to see someone else thinking along the same lines. While the whole Foreshore and Seabed going into public domain is worse than Hone Harawira’s proposal that the land be vested in customary title with ironclad caveats because it strips away rights rather than granting them, it does have the advantage of stripping those rights equally, rather than on the basis of largely racial discrimination.

There is another, economic, point in play: if land not presently in private ownership is placed in the public domain and declared inalienable, the increased value of those few freehold, fee-simple property rights which do exist at present will have a phenomenal distortive effect on the property market and on New Zealand’s social structure, with the inevitable result that almost every scrap of it will end up in foreign ownership. We will then have the perverse and incoherent result that most of the beaches will be owned in common — but those which aren’t will be the exclusive domains of ultra-wealthy foreigners. Whether this is a good or a bad thing is a fair point for debate, but I think this fact will grant Solomon’s proposal considerable appeal to the broader New Zealand public, especially among those who do not — and even at present prices, could never — own waterfront property.

Just who are these “Māori”, anyway?
As I noted above, Key has been clear that he cares not a whit for the Iwi Leadership Group’s views on the matter: he considers that the māori party has a mandate to negotiate for all Māori and the decision is theirs. This is strictly almost correct: they do have a such a mandate, and whatever they decide will be broadly regarded as legitimately representing “Māori”, to the extent that the decision accords broadly with the views of Māori as expressed by their various civil society agencies. This proviso, missing from Key’s glib assessment of the political situation, is crucial. By omitting it, Key aims to drive a wedge between the party and those civil society agencies — chief among them the Iwi Leadership Group convened for this very purpose — from whom they ultimately derive their electoral mana. The māori party, frequent howls of “sellout!” from the Marxist left notwithstanding, do regularly test their policy positions against these stakeholder groups, at hui, and in their electorates. This makes them particularly secure in terms of their support, as long as they act in accordance with their supporters’ wishes. I have long criticised the howlers for misunderstanding just what it is that the māori party stands for, and their mischaracterisation of the party — plump buttocks in the plush leather seats of ministerial limousines, representing “big brown business” — is similarly a wedge, of a slightly different hue. But this issue is the test. Without the support of the Iwi Leadership Group, it’s hard to see how the māori party could maintain its claim to a mandate.

Crossroads
Which brings me to the verse at the top of this post. This issue has deteriorated to the point that the National government — like the Labour government before it — issuing public ultimatums to Māori and prejudging the case by claiming to speak for the māori party’s position. That is not mana-enhancing for a coalition partner which has showed enormous patience and swallowed almost innumerable dead rats in exchange for largely symbolic concessions. This breakdown of diplomacy on its own is not sufficient to call time on the coalition relationship — that comes down to the merits of the choices available, and the proposal simply isn’t enough. I have long defended this approach on the basis that the big issues were still to play out — but the loyalty and commitment shown by the māori party, in the teeth of furious criticism from enemies and allies alike, must be rewarded. A Whanau Ora pilot programme simply isn’t enough. This road was paved with good intentions, and there was a chance it would lead elsewhere than where it did — a chance which had to be taken but which, barring a swift change in the government’s position, seems to have proven unfounded.

If the government holds to its ultimatum, the māori party must turn around and walk back into the light. On this I agree with Rawiri Taonui (audio). The party will lose much more by abandoning its people and agreeing to a Faustian bargain than by simply failing to negotiate the repeal of the Foreshore and Seabed Act, which realistically was a nearly impossible task in any case. And even if the party did support the bill, it would not mean the end of the struggle. As Taonui says, although they might have the numbers to pass the legislation, the government’s solution will have no legitimacy or durability in practice without the support of the ILG and those it represents. Where there is injustice, resistance will seep out around the edges. If the issue of the takutai moana remains live, the party can continue to advocate for a just and enduring solution, and the ILG’s proposed solution opens a potential route for re-engagement with the Labour party. All is not lost.

The big question — as I asked in r0b’s excellent thread the other day is: what will Labour do?

They can sit back and say “I told you so” to the māori party, hoping they will fold, or they can make a better offer and hope the māori party will become more inclined to work with them. I can see how either would be a reasonable tactical position in terms of electoral numbers, even though the former course of action would continue the erosion of Labour’s historically liberal and Māori support. But there’s also a real danger the party will do neither, or will attempt to do both and fail at doing either, such as by arguing that the FSA was actually not that bad after all. That would be a tragedy.

The whole world’s watching. I have to say Shane Jones, who the party desperately needs if it is to have credibility on this issue, hasn’t helped dispel the predominant impression of Māori politicians held by the New Zealand public.

L

Life mimicking art: Hollywood Shrugged

[Update: It occurred to me that I missed an opportunity for wordplay in the title of this post, so I’ve belatedly changed it. Groan away.]

Via Not PC, the news that Atlas Shrugged is finally being made into a movie. Or three movies, as is appropriate.

After decades of studio procrastination, the principals of the project have decided to simply go it alone and produce it as an independent project. They have plenty of money, but no name actors, a debutante director and an inexperienced production team, and are working to a shooting deadline which doesn’t permit any detailed production planning. The names are John Aglialoro, Brian O’Toole, David Ellison, Dan Pritzker, Stephen Polk. (Who? Yeah.)

This is foolhardy in the extreme. As the making of one of the greatest American films of all time illustrates, filmmaking is hard, especially when you’re working with complex, well-known (and well-loved) source material. Even when you have the resources of a studio system behind you, and the ability to pick up the phone, drop a name, and have things be done, making a single feature is the sort of undertaking which destroys people. Making a trilogy? Wow.

Atlas Shrugged is a story of superhuman struggle against mediocrity; succeeding despite the interference and opposition of the whole world, a David-and-Goliath stick-it-to-the-Man fable for our time. Its protagonists achieve the impossible by sheer force of will. The story rests on deus ex machina devices — a “free energy” machine which powers the revolution; a cloaking system which hides it; a means of extracting bounteous yields from exhausted oilfields; self-destructing high-tech equipment; individuals of perfect and apparently limitless genius who just up and invent these things as and when they’re needed, etc — and the backers of this project seem to be relying in real life on the same sort of narrative logic to get them through. They appear to think that, if one just wants something hard enough and is sufficiently single-minded in pursuit of that goal, it will be so. As commenter Double0seven says on the release announcement story:

This is truly hilarious. A study in hubris or as the kids these days call it – EPIC FAIL. So we’ve got no stars, a director who is actually an unknown actor, a producer by virtue of wealth and two weeks of prep for a June 11th start date? And then, underlying material that is ridiculously hard to crack. Don’t get me wrong, like many of you I fell in love with Rand’s objectivism in my angry young 20s, but look at the material and consider the economic climate, even if they get this movie made and released, think about movie going demographics – there are not enough teabaggers to support an opening. Perhaps like in the book, this film will open on one screen in a hidden valley in the rockies, where industrialists will pay their admittance in gold. Good luck John Galt.

Perhaps unusually among non-Objectivists (and non-converts to objectivism), I enjoyed Atlas Shrugged and I think it’s a pretty important piece of our political-philosophical culture. I want good movies made of it. I’m bemused but not surprised that the vaunted market of the Hollywood studio system has entrusted such an ambitious and important project to moneyed dilettantes who think themselves Atlases. And (as the comment thread I excerpted above goes on to discuss), there’s no use in citing the filmic Galileo Gambit of Orson Welles, George Lucas, and other Hollywood wunderkinder — for every one of them there are a thousand who were crushed by the machine they set in motion but could not control.

There’s the faintest glimmer of hope that this project will be a genuine bolter, but with this degree of expertise, time and talent involved, the most likely outcome is a blend of the worthy but unpolished products of the 48-hour Furious Filmmaking Festival, an embarrassing Ed Wood-esque schlock-fest, and the earnestly didactic bombast of the films TV channels screen on Easter morning and at Christmas, partly because they feel like they should, and partly because it’s a ratings desert anyway. Objectivists, bless them, seem to lack any sort of humour about the objects of their affection, so while the rest of the world might not mind this latter result (for one film, at least), I fear the self-declared mavens of philosophical and aesthetic rectitude will make fools of themselves defending the cinematically indefensible. It would be a shame to see these people prove that they’re really just Twi-hards with lofty ideals and better argumentation.

But hey, it’s their risk to take, and their choice to make fools of themselves if they want. Galt knows (as they say), they don’t need the approval of us moochers. So let them boldly stand in the path of the machine, and more power to them. But my sense is that a few exultant idealists are about to discover that unflagging self-belief and unlimited money just isn’t the deus ex machina in real life that it is in fiction.

L

Brekekekex koax koax

The Associated Press reports a horde of frogs has forced the closure of a main highway in Greece:

Speculation is rife as to what this omen portends. The direst prediction I’ve come across reckons the frogs could be predicting an earthquake. For reals.

So perhaps Greece has bigger — or at least more elemental — things to worry about than elite capture of the political process, broken public-private sector relations and massive indebtedness. Hopefully not. Those things are bad enough.

L

Cannibalising society for the money proxy

This talk of not being jealous about tax cuts, and the unstated supposition that the rich are just better reminded me about a couple of posts I wrote a year or so ago about the “money proxy”: the idea of wealth as an easy quantifier for a person’s value. I’ve rehashed the argument here because I think it’s particularly apposite given the forthcoming budget. Paraphrasing myself:

Money is both the means by which we judge a person’s worth (in the human sense) and the resource needed to enjoy the comfort and dignity to which human beings are entitled by simple virtue of their being human beings. Because the same thing is used as both a means and an end, there is inevitable conflict: by denying people access to sufficient food, healthcare, accomodation, etc. on the grounds that they cannot afford to buy it for themselves, a society tacitly says: you are not worth it because you do not have enough money.

Previously, I had argued that while there’s considerable shared ground between National and Labour (both want economic growth, believe in the state’s role in providing some public services, etc.) the predominant difference between the two in economic terms is in the reflexive positions to which they repair when hard choices need to be made. National believes in supporting ambition, Labour in mitigating harm:

The former sees achievement as the highest goal, and failure as a necessary collateral effect of attempted achievement. They grade a society by its upper bound, by how much success its leading members achieve. In this regard, the ideology emphasises ambition, celebrating that qualities as the most beneficial to society while disregarding the worst consequences of its failure – destitution, disease, starvation, etc. The caricature of an ambitionist, if I may coin the term, sees the world as humanity’s oyster, and humanity in positive terms – as potentially successful and satisfied and healthy and secure, and considers that anyone who does not achieve these things has simply not tried hard enough, or for long enough, or lacks the innate characteristics needed to achieve those things and is therefore not entitled to them. Entitlement accrues to a person on the grounds of their success. In symbolic terms, the way to appeal to these people is in terms of opportunity, advantage, individuality, and the idea of just desserts for effort rendered.
On the other hand, the caricatured mitigationist (to coin the opposite term) grades society on its lower bound, by the extent to which the least successful members of the society are allowed to suffer by the more successful. They see the world as a dangerous, inhospitable place in which the default state is abject meanness, and humanity in negative terms of limiting those inhospitable forces, keeping out the cold and the hunger and the disease, while anything else is a bonus. Entitlement accrues to a person on the grounds of their humanity alone. The way to appeal to these people symbolically is in terms of compassion, brotherhood, sacrifice, cooperative achievement and that principle that none should suffer needlessly.

Emphasis added to identify the key symbolic points of the rhetoric around this budget, and highlight the fact that things are playing out exactly as you would expect. These battle lines were drawn long ago, and for all National’s “compassionate conservative” rebranding, there’s really nothing new in their focus here. They faced a clear choice between ambition and harm-mitigation, and chose according to their political identity. They simply don’t have a problem with the money proxy: it’s a measure as good as any other, and a nice clean “objective” one, because it’s determined by a market.

But I do. Following the first excerpt, I wrote:

This, to me, is not acceptable. If we cannot divorce the value of a person’s dignity, comfort and wellbeing from the monetary cost of sustaining it, what’s the purpose of society?

It’s bad in principle that people are treated (to a greater or lesser extent) as non-people by virtue of their material circumstances. And furthermore, I think it’s a bad decision in plain pragmatic utilitarian terms to attempt to swim against the economic tide and support ambition at the cost of significant harm:

Push comes to shove at times like this, when things are tight. When many people are deprived them, the human necessities of health, comfort and dignity can more readily be achieved by an idea of the common good than by the burning desire of ambition. […] In good times it’s easy to emphasise the greater good because a reasonable minimum standard can be expected to exist or be trivially provided for the few who need it. None need suffer except by a relative standard. In hard times, however, when raw success is less achievable, mitigating harm at the temporary expense of ambition becomes more valuable by its easy achievement.

So what we have with the budget, judging by the pre-release hype, is simply a return to form for the National party, and it should be countered by a return to form by the Labour party as well. National are retreating from the middle ground which won them the election and repairing to their reflexive, reptilian-brain adherence to the money proxy as an iron law of society. Labour must reclaim this ground; not that it ever really ceded it, rather permitting an occupation which is now beginning to withdraw.

The underlying calculation is a tradeoff of societal harm against economic growth. Another way of putting it, in more resonant terms, is: how much of society are we prepared to cannibalise, and for what gains, accruing to whom? This is the question around which Labour should orient its response. The words “many” and “few” will fit neatly into it.

L

Quote of the day from Banksie

Well, I don’t happen to take much legal advice from lawyers.

Regarding leaky homes, a problem caused by deregulation under the government of which John Banks was a part. Listen to the whole interview with a somewhat exasperated Sean Plunket. It’s worth it to hear Banksie argue that:

  • That we need to “get money into the hands of Bob the Builder” rather than giving it to the lawyers
  • … even though “of course” (he says) it’s Bob the Builder who caused the problem … and people can still sue Bob the Builder “if they can find these people and get hold of them legally”
  • … while admitting that there’s no real prospect of that since those responsible mostly have “walked away from their responsibilities”
  • … and conceding that the amount spent on laywers so far would cover only a tiny proportion of the total cost of leaky homes in any case.
  • That he “doesn’t think there’s any right and wrong” in the arguments around leaky homes;
  • That some people have been held to account, but he can’t name them;
  • That the magnanimous “John Key government” has said it is “morally responsible” while not being actually responsible;
  • and that he (personally) is taking responsibility, but that he has no recollection of precisely why the regulations were passed (by his government).

Enough to make your head spin.

L

Summary of joke news coverage

“John Key has made a meal out of ongoing Treaty negotiations with Ngāi TÅ«hoe, remarking at dinner with representatives from neighbouring iwi Ngāti Porou that if he were in TÅ«hoe country, it would be him on the menu. TÅ«hoe have found his comments hard to swallow, with lead negotiator Tamati Kruger saying the remark was in “poor taste.” Others believe the gag should be taken with a grain of salt, as a self-deprecating reference to the roasting Key has received since ruling out the return of Te Urewera National Park. The decision has soured iwi relations with the government, and effectively put negotiations on the back burner.”

(Some artistic license employed, but I’ve seen each of these puns in bona fide media coverage over the past 24 hours.)

Update: It seems nobody other than ak and I have the stomach for a pun-fest. Oh well.

Still, better to remain silent than engage in the shrieking, confused and exploitative orgy of idiotude on display at The Standard. Its only meaningful distinction from the response of the KBR seems to be the lack of ginga jokes. And the comments are a bit shorter. A shame, because there was some reasonable sense from both posters and commentariat on this topic yesterday.

L

Insensitive … now wait for the “hypersensitive”

Commenter Alexandra at The Standard picked up on a report by Radio NZ that John Key joked about Tūhoe as cannibals:

“The good news is that I was having dinner with Ngati Porou as opposed to their neighbouring iwi, which is Tuhoe, in which case I would have been dinner,” [Key] said, “which wouldn’t have been quite so attractive.”

Now, a reference to cannibalism in any leader’s speech is bad enough, but joking about it in the context of the government’s betrayal of TÅ«hoe, and Key’s failed attempt to speak for the māori party regarding that betrayal would be absurd if it wasn’t so insulting. Not only that, but the reference to Ngāti Porou was all the worse, given the complex history of those two iwi, which was also in the news recently but of which Key appears to have no awareness.

Two main questions occur to me: first was this a calculated move to distance himself and the government from the sense he has “gone native”, or just an idiotic off-the-cuff remark? (Essentially: bad will, or just incompetence?) And second, what will it take to prevent the māori party from walking away? As Marty Mars says, this is a significant matter of the mana of TÅ«hoe, and the mana of Māori in general. It cannot just be left to lie: either the māori party walks away, or some sort of meaningful reparation — you might call it “mana enhancement” — must be offered by the government, not only to TÅ«hoe and the party, but to Māori in general. The māori party are in a tough spot; as I argued yesterday, Māori don’t have the luxury of just throwing their toys whenever they don’t get their way. But something has got to give.

Oh, and as per Pākehā Standard Operating Procedure on issues like this, wait for the Māori response to be declared hypersensitive.

Update: Same being asked by Lynn at The Standard.

Update (20:25) Much has become clear since I wrote the post. Some updated thoughts follow.

First, it’s clear that this wasn’t an inadvertent, casual comment — it was, if not a planned and sanctioned statement then clearly a calculated one intended, after apparently growing discord at the Lower North Island National party conference this weekend past, to win Key and the government back some of its reputation for driving a hard bargain with Māori, and for not being a PC pounamu-wearing hand-wringer. So the initial diagnosis is “bad will” rather than “incompetence”. This was a simple continuation of the negotiative process which Key chose to stall by unilaterally ruling out the return of Te Urewera National Park; Key providing an opening for TÅ«hoe to continue dialogue, or not.

Second, it’s pretty well-calculated. It would have been easy for TÅ«hoe (and others) to publicly overreact and confirm Pākehā New Zealand’s worst instincts about them. It would also have been easy for the māori party to walk away from the coalition deal, and I do think this is another factor in favour of that course of action. But they haven’t done so. Tamati Kruger’s response that the joke was “not funny, in poor taste and unbecoming of a prime minister” is pretty strongly-worded but shows its own sort of gallows-humour, indicating that Kruger (seasoned negotiator that he is) understands the game being played, and is prepared to continue playing it, given some caveats. Having today said that Key had lost his nerve Kruger has held his. He was magnanimous and humorous when speaking to John Tamihere and Willie Jackson about the topic on RadioLIVE this afternoon, but pretty clear that the deal is still to be closed, and it will now take some closing.

Third, Key has publicly insulted both TÅ«hoe and the māori party in the past week, and this does still need to be addressed. All parties seem to have chosen to address it around their respective negotiating tables, rather than in public, but behind closed doors these people will be furious at having been so treated, and for all that they’ve gained ground with the redneck street, that’s ground National will need to make up inside the wharenui. To put it in terms Key, as a former currency trader who worked a lot in Asia, would understand: the price of doing business just went up. And it went up quite a lot, because failure to accede to that increase means TÅ«hoe can now justifiably walk away from negotiations which are already almost two years underway, claiming that the negotiating team has no legitimacy, having been unilaterally overruled by their own prime minister, apparently just because he changed his minds. If they do that, expect every other current negotiation to go the same way. That’s an unacceptable political cost for Key before the next election, let alone the one after (by which all outstanding claims are supposed to be settled).

Fourth, a public sense is beginning to build of Key as the one who is endangering the relationship, after the opposite sense developed around Hone Harawira’s comments last year. If the coalition between National and the māori party fails, it will be seen as his failure to manage the relationship adequately, and that damages his own master narrative of being an efficient political manager and an all-round nice guy. As marty mars said in another comment on The Standard, the concessions granted to Māori by Key’s government are “barbed” — they can’t be revoked or withdrawn without sustaining substantial political damage, which means that if the māori party sees genuinely irreconcilable differences and an opportunity to dissolve the agreement without being seen as unreasonable, they are able to do so. But as Neil says in the comment thread below, and as I’ve been arguing to little avail for ages, the māori party’s best play vis-a-vis either major party is the threat to go with the other. Labour partisans and much of the wider left wish it were not so, but if Labour get a sense that they have a monopoly on the māori party’s attentions again, then further concessions will be rare and threadbare.

Fifth, the KBR response is just what you’d expect, complete with gratuitous references to the alleged taste of human flesh, and ginga jokes. Sigh.

Thanks for the discussion so far. Responses to other comments below.

L