“Its OK–He’s Maori.”

For me the most distressing part of the video of the drunk nine year old made public a few days ago was not so much his addled state, the nonchalant comments of the other kids with him, the RTD that was supplied to him or the adult that did the supplying. Nor am I interested in whether the cameraman has some sort of agenda that motivated the video.

What bothers me most is the above remark by an older teenager who was at the skate park at the time of the incident, and who is seen on tape commenting aggressively about the videotaping (by a Pakeha) of the young drunk. The nine year old and teenager are, indeed, Maori, as were the other kids in the video.

I am not sure what to make of the comment. Was it just some stupid remark by a flippant youth? Or is there something deeper going on here? If the latter, is that more reflective of the individual teenager who said it or is there something collective at play? Is this a case of self-loathing, hopelessness, bravado or self-exemption enunciated in a simple phrase and if so, is it confined to this particular kid or that group of kids? Why would he offer such a response when confronted by a stranger remonstrating about the drunk kid?

What does his comment say about the state of NZ society, if it says anything significant at all?

I have no answers for this nor do I have the expertise on Maori issues to offer one. I would be loathe to do so in any event because all of the alternatives appear to be equally bad, so put the queries out there for readers to comment upon and debate.

Pick a side

Commenter Chris (not THAT Chris), says:

For all I know, [Dame Susan Devoy] may be a complete dud, or a wonderful race relations mediator. But whatever she is, you are being totally unrealistic passing judgement on her because she refused to appear on TV within a day of starting her (part-time) job.

Well, no. A part-time job that pays $270k per year? Someone appointed to a role like this should not need on-the-job training to be able to answer basic questions about it. Nobody is asking for detailed policy analysis or in-depth engagement with specific issues — only for broad discussion in principle, so we can get a sense of where she stands, and how her qualifications on race relations differ from those of some random person down the pub.

On previous performance I’d have thought there wasn’t that much to distinguish her from someone down the pub on these issues. But recently Toby Manhire dug up this wee gem from her autobiography, in which she reveals that the only thing preventing her from playing the “sunshine circuit” in apartheid South Africa was the threat of sponsorship being cancelled and that “media coverage could damage my reputation in this country.”

She also doesn’t think sports boycotts helped the situation there. Here are two people who do:

Dame Susan’s words were probably written in 1992, and it is possible she holds a different view now. I hope someone will ask her. But by 1992 the end of apartheid was already nigh, several years of negotiations to end it having already been undertaken between the government of FW de Klerk and Nelson Mandela (who had been out of prison since 1990). South Africa fielded a “non-racial” team at the 1992 Olympic Games in Barcelona — the first Olympics it had been permitted to compete in since 1960. The notion that sport had not been an important factor in its end is simply not credible, and was not credible in 1992 either.

So I know whose side I’m on. Still, it beats the Prime Minister’s claim that he didn’t know what side he was on. At least Dame Susan is open about her ignorance of the issue.

L

Selections matter

Justice Minister Judith Collins has appointed Dame Susan Devoy as Race Relations Commissioner.

She replaces Joris de Bres, who has served two five-year terms and is very well-regarded in Māoridom (at least) because (in part) he understands the importance of his own Dutch whakapapa, and the complexity of his place as an immigrant in Aotearoa. As Bryce Edwards and Morgan Godfery have noted, he has also shown an unusual willingness to comment on issues related to his mandate of opposing racism.

No doubt this fact has informed Collins’ decision to appoint someone less feisty. Dame Susan has little or no high-level experience in the field, and I suppose the thinking is that she brings a clean slate to the role or, to put it another way, her thinking and the degree of her engegement with the issues will be more easily influenced by the prevailing governmental culture. But Dame Susan is not a blank slate. A week ahead of Paul Holmes’ now-infamous Waitangi Day a complete waste column, she wrote one of her own that, although it employed language more befitting a Dame, nevertheless expressed similar sentiments. One year ago our new Race Relations Commissioner wished that instead of Waitangi Day we could have “a day that we don’t feel ashamed to be a New Zealander” and pined after a holiday like that celebrated in Australia, where — a few recent and grudging obeisances aside — 50,000 years of history and the brutal facts of the settlement of that land are blithely ignored in a jingoistic celebration of Ocker Pride.

That would be bad enough, but it gets worse: Dame Susan doesn’t have a clue what she’s doing:

Jacob McSweeney: “She admits she doesn’t have a wealth of experience in race relations, but she says the job isn’t overly complicated.”
Susan Devoy: “I don’t think it’ll make it any more difficult than dealing with any other issues, I mean, you know, this is all under the Chief Human Rights Commission [sic], and so therefore whether it’s disability or gender or employment or race, you know, the issues are not dissimilar. This is just about making it right for every New Zealander.”

(From Checkpoint.)

This is a terrible appointment. Anyone who thinks Aotearoa’s race-relations culture isn’t complicated is by definition not equipped for the job of guiding and guarding it. Not only is our new Race Relations Commissioner ashamed of our national day, but as far as she’s concerned it’s just another ism — revealing how little she must know about disability, employment or gender issues into the bargain.

So as far as that goes, she looks like the perfect post-ideological, post-identity selection for such a job: a common-sense managerialist who, to the limited extent that she understands the issues in play, finds them distasteful.

What a good opportunity for Labour! The National government, at a time when racial and cultural tensions are a major issue, clearly doesn’t value race relations sufficiently to put anyone competent in the job. But the Labour party has selection problems of its own: an Ethnic Affairs spokesperson who is a former race relations commissioner (Rajen Prasad) so far down the list that he doesn’t get a ranking; and a Māori Affairs spokesperson — and former minister — Parekura Horomia, also unranked. Labour is perilously short on brown faces, with none in the top five and one — Shane Jones — in the top 10, and him only recently returned from purgatory. Morgan Jack McDonald has some advice on this topic.

The hard truth is that Labour isn’t in a position to criticise the government on race relations issues. This is due to their internal failures of strategy, not due to exigencies forced upon them. For all that the appointment of Dame Susan Devoy to Race Relations Commissioner is terrible, the Key government has done a lot more than expected in other areas of race relations, particularly with regard to progressing Treaty settlements. That gives them cover. They’ve gotten away with worse than this appointment, and they’ll keep getting away with it as long as the major party of opposition lets them.

L

(Thanks to James Macbeth Dann for drawing my attention to Dame Susan’s column, which was plucked from obscurity by Coley Tangerina.)

Maori Socialism versus Maori Capitalism?

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.

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.

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.

Against “courageous corruption” as Crown policy

It should come as no surprise that I disagree with Chris Trotter’s latest piece about the Urewera raids. Don’t get me wrong — I think his assessment of the operational capability New Zealand police and intelligence services are correct. Their actions were strategically and tactically flawed, and they seemed to hold unrealistic expectations of the task they were undertaking. But some of the judgements Chris wraps around this argument are troubling to say the very least.

Not all of them. Some are fine: we need a competent security and intelligence apparatus, and the lack is something that should be rectified. Some are nonsense: a sophisticated left-wing propaganda network (where have they been these past two electoral terms?) and sleeper cells of “sympathetic journalists” (presumably not those who are shills for the corporate élite?). Some are merely distasteful. Others, however, are downright frightening, and the worst of these is the notion that the Crown should not be bound by its own laws when prosecuting dissident citizens.

Also lacking were the reliable media “assets” so highly prized by the British security services. Individuals to whom key elements of the Crown’s case … Where, for example, was the Crown’s equivalent of Wikileaks? Clearly no one was prepared to play the role of Private Bradley Manning by dumping all the evidence denied to the Prosecution on a suitably insulated and legally untouchable website.

Let’s not forget that some of this actually happened. Elements of the Crown case actually were leaked to the public, and some suppressed material was published in daily newspapers and was the subject of (unsuccessful) contempt proceedings.* Other elements, having been retrospectively ruled in by a court despite having been collected unlawfully, were used throughout the trial to create a prejudicial atmosphere around the trial.

Given those events, the argument here is essentially that the Crown didn’t leak enough evidence; didn’t act ruthlessly enough and was too heavily burdened with scruples to secure a “right” outcome. The call for an officer of the Crown to wilfully breach the very laws they have sworn to uphold, in the name of their own individual assessment of a complex situation, is extremely concerning. Having failed to conduct their evidence-gathering operations lawfully, and having failed to persuade a judge that, in spite of that, there was still a sufficient reason to admit all the evidence, the argument here is that the Crown should have taken an extrajudicial Mulligan.

When I started writing it this piece was considerably more personalised to Chris, and how his post seems to provide final proof of his degeneration from idealistic radical to authoritarian establishment curmudgeon. The reference in the title is to his now-infamous declaration that Labour’s breach of electoral law during the 2005 election campaign was justified inasmuch as it prevented a terrible counterfactual — a National government led by Don Brash — from coming to pass. I disagree with that argument on the grounds that the integrity of the democratic system as a whole is of greater importance than any particular electoral outcome, and I disagree with his argument regarding the Urewera 4 for the same reasons: the integrity of the justice system is of greater importance than the outcome of any given case.** But I don’t want to dwell on the personal; rather than trading extensive cannonades with Chris (again), I think there’s more value in covering my reasons for holding these views in principle, leaving aside the specific merits (on which we’re never going to agree), or whether I support the principals in either case.***

The first and most obvious argument against this sort of extra-legal recourse is: be careful what you wish for. If you want the Crown to leak, to cultivate sources in the media whom they can trust to run their propaganda for them, and to resort to whatever other means they might need to secure what you think is a “right” outcome, you’d better hope you always agree with them. If you don’t, eventually you’ll find yourself on the wrong end of it. The danger of this for the ideological left in Aotearoa should need little elaboration: almost all the authoritarian cards and most of the ruthlessness in playing them are in the hands of the various factions of the ideological right, and they are constrained more by norms of conduct and the need to appear to be less ruthless than they are than by black-letter law or constitutional barriers. These norms are quite robust, but they essentially all operate on the honour system: they persist because people observe them. If you break the law in the name of the rule of law, you erode the rule of law. If you destroy the village to save the village, you still destroy the village.

This leads into the second point: changing norms of Crown conduct, or what we might call “authoritarian sclerosis”. Norms that constrain what a government, the Crown or its agents may acceptably do are becoming more lax, and have been since shortly after 9/11, when the Terrorism Suppression Act that gave rise to the current farce was hastily passed. In the past two parliamentary terms this has continued to accelerate, partly as a consequence of hysteria around — and blurring of — activism and terrorism more generally. The government, by leave of an increasingly punitive and paranoid populace, can now impose disproportionate punishment on certain offenders via the “three strikes” regime, and indefinite “civil” detention of certain offenders. The infiltration of the security and intelligence apparatus into harmless activist groups such as those that agitate for animal rights has been well-documented in recent years. It has gotten to this point despite the fact that (Urewera case aside) the two most significant threats to our national security in the past decade have been an Algerian theologist who now makes kebabs in a food hall on Karangahape Road, and three Catholic pacifists with agricultural implements. The government can now amend or suspend almost any law or enact almost any measure it likes, with immediate effect and without meaningful judicial oversight, in the service of rebuilding Christchurch. There are laws on the books that shift the burden of proof of innocence for some types of copyright infringement from the accuser to the alleged offender. On US urging, the New Zealand police recently undertook expensive, unprecedented and legally risky operations against a foreign national who had apparently committed no serious crimes against New Zealand law, and it now seems increasingly unlikely that the case will amount to anything. The government may now spend beneficiaries’ money for them. They are are moving to require DPB mothers (and their daughters!) to use long-term birth control, and to force them to work when their youngest is just one year old. The latest proposal is to force beneficiaries to vaccinate their children, in violation of the fundamental right to refuse medical treatment. These latter policies of authoritarian sclerosis disproportionately affect Māori, who are already disproportionately impacted by the state’s historical use of its power via colonialism. I could go on, but you get the point: the door to the police state is not yet open, but it is creaking ajar. Those who benefit from opening it do not need agents of the left nudging that door wider for them, but they will gratefully accept it if some are willing to do so.

This is all bad enough in itself, but as well as eroding the norms of what is acceptable, authoritarian sclerosis makes it more difficult to erect robust black-letter or constitutional safeguards against undue exercise of power by the state over its citizens, making it more likely that the norms which are being undermined are all we will be able to rely on in future. Again: be careful what you wish for.

Perhaps more important than all of that, though, is the incentive that the Mulligan creates within the organs of the Crown responsible for implementing the policies outlined above. If you make excuses for underperforming or incompetent agencies, if you cut senior officials slack when they or their subordinates fail to discharge their duties adequately, when they bring into question the good standing of their departments; if you seek to tailor laws and regulations to them rather than requiring them to work within the existing bounds of proper conduct, then you produce agencies which are dependent on special pleading and special treatment. When you select against competence, independence, resourcefulness and strategic thinking by allowing “right-thinking” loyalty and patronage to thrive, you breed pampered inbred poodles reliant on favour from political masters, rather than vigilant, independent watchdogs of civil society.

Multiple layers of dysfunction contributed to the Crown’s failure to convict on substantive charges in the Urewera 4 case. They started with the drafting of the Terrorism Suppression Act, which Solicitor-General David Collins declared “unnecessarily complex, incoherent, and as a result almost impossible to apply”. Court interpretations giving the police permission to undertake surveillance operations that were later ruled illegal also contributed. Police culture and operational capability, and a lack of both strategic and tactical awareness also contributed strongly, and Crown Law’s failure to make best use of the meagre evidence that derived from those preceding actions was merely the last in a long chain of failures.

If you want to make a system stronger, the solution is to genuinely strengthen it, making it better, by having those agencies take their lumps and learn their lessons, by punishing failure and rewarding success; by staffing it with better people, better trained and with greater strategic vision. I want an intelligence/security and police apparatus and a justice system good enough that it doesn’t need to be oppressive to be effective. One that I can trust to keep society safe, and to not persecute me while doing so. That can’t happen if we erect a scaffold of legal or extra-legal privilege beneath the sagging edifice, pretend there’s nothing wrong, and call it a win. It didn’t work for the investment banks, and it can’t work here.

L

* Chief High Court Judge Randerson and Justice Gendall found that the publication had not “caused a real risk” of prejudice, so fair enough. But they also stated that “The breaches of suppression orders and the unlawful conduct of a major news organisation and a senior newspaper editor should have resulted in their prosecution” by the Police, and that the court was “at a loss to understand why these breaches were not prosecuted.” While they raised the point that the penalties for such breaches are risibly small, it’s also hard to avoid the conclusion that the Police were simply reluctant to punish actions that might have helped their case.

** In principle, there is a time for extrajudicial action, for exercise of the reserve powers or of the almost-limitless authority of the sovereign parliament, or for rebellion by the people. Desperate times may call for such measures. These are not such times.

*** For the record: Of course, I did not support the 2005 National party. I am satisfied with the Urewera 4 verdicts since they accord with what I know about the case, though I also would not have been averse to a retrial and an opportunity for them to clear their names more forcefully.

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

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

A discourse on David Shearer and the identity politics thing

For my sins, over the past week or so I have been engaging at The Standard again. It’s been a rather tiresome business (for them as well, I’m sure) but has yielded some lucid moments. One exchange between “Puddleglum”, Anthony and I in the bowels of an open mike thread has been particularly useful, and since it contains my views on a question I am often asked, I’d rather it not end up down the memory hole. I reproduce it here in full (without the benefit of editing; so it’s a bit rough).

[I originally said Anthony was the author FKA “r0b” at The Standard — this isn’t the case; it’s some other Anthony. My mistake, and thanks to the r0b, Anthony Robins, for pointing it out.] Puddleglum has a blog himself — thepoliticalscientist.org — that is well worth reading.

Puddleglum
Hi Lew,

If Armstrong is correct in the following quotation (and this leadership race has all been about the ‘blokes’ battling the ‘minorities’ and the ‘politically correct’), then won’t the election of Shearer shift Labour more towards the right wing, social conservatism that you appear not to like about NZF?

“Shearer will bring change by making the party less hostage to the political correctness that still plagues its image. He is interested in things that work, rather than whether they fit the party’s doctrine. “

I may misunderstand where your ‘loyalties’ or preferences lie, but it does seem odd if you are supporting a shift in Labour’s focus towards something that would be much more compatible with NZF (including Prosser and Peters, neither of whom strike me as staunch upholders of ‘political correctness’), given how little regard you appear to have for NZF.

(As an aside, I’m not sure why Armstrong is so sure he knows Shearer’s mind – he’s obviously heard Shearer say more than he’s been reported as saying – but I guess he is a political journalist … It would have been good to hear Shearer say these things to the public if, indeed, Armstrong has it from the horse’s mouth, as his tone strongly implies – “Shearer will …”, etc..).

Lew
Hey PG,

I’m not convinced by this argument that Shearer represents the forthcoming defenestration of Māori, women, gays, the disabled, and so forth as a matter of doctrine, although folk who hope it does have been eager to say so — Armstrong, Audrey Young, Trotter amongst them. Shearer’s MSc was on the tension between Māori cultural values and environmental resource management, and he has worked on behalf of Māori in that field, preparing Tainui’s land claim to the Waitangi Tribunal and looking at sultural issues around wastewater treatment in Auckland. I have as yet seen no evidence that Shearer represents the social “right” of the party either. His pairing with Robertson as deputy certainly seems to counterindicate that argument. He says he’s “right in the middle” of Labour, though I suppose he would say that. I am open to persuasion on both these points, however, and if such defenestration does occur I may yet come to regret my support for Team Shearer.

But I think there’s also a misreading of my “loyalties”. The much-loved canard around here and at Trotter’s place is that I want Labour to be an “identity politics” party, whereas, in actuality, I want an end to the infighting that pits “the workers” against other marginalised groups or seeks to subsume everyone’s needs to those of straight white blue-collar blokes. All must have a presence within any progressive movement. I think there’s a false dichotomy that to appeal to “middle New Zealand” a party must be just a wee bit racist, homophobic and sexist, because that’s what “middle New Zealand” is. I don’t agree; although I can see how that is one route to popularity, I don’t think it’s one that’s very suitable for Labour.

Notwithstanding all of that I do think that being able to break the factionalisation and patronage — crudely expressed by Damien O’Connor — that has resulted in a weak list and a dysfunctional party apparatus is the most crucial task facing Shearer, and I can see how this could be spun against him. But on balance, getting the overall institutional and overall health of the party back on track is the priority. As long as it’s not simply replacing one lot of factions with another.

L

Anthony
It really depends if he plays zero-sum loss/gain, instead of fixing problems that when addressed help everyone. But even though I preferred Cunliffe I don’t think Shearer is a evil bastard who will throw women, gays and Maori under the bus.

It’s just convincing insecure pricks like Armstrong that they’re not missing out (and normal people who are perfectly fine), while they lift everyone up.

Been one of the problems with the left for a while – not taking middle NZ with them in their thinking and just expecting them to “get it” after it’s done and dusted.

You can see how the Nats do it better with their policy formation and with the task forces they set up, they admit there is a problem that needs to be solved in some way, get a team of “experts” in place, get feedback from all quarters then create policy based on it (even if they were planning that policy all along). It’s a great way to create a narrative that the electorate can follow to understand policy or at least get some understanding that a problem that needs to be solved exists in the first place.

If it looks in the slightest way controversial or a potential wedge issue they will use this method.

Puddleglum
As I said, “If Armstrong is correct …”

I think previously you’ve noted the importance of symbolism (e.g., in the early days of the MP coalescing with National).

There is a danger that the symbolic projection being attempted (‘we are ordinary New Zealanders too’ – whatever that means) can box Labour in when it comes to ‘judgment calls’ on those social issues.

Trying to benefit electorally from symbols you don’t really believe in (in its crudest form, ‘dogwhistling’) can bite you back.

I think, for example, that Shearer may well be keen not to “get in front” of middle New Zealand on any of these issues (wasn’t that one of the concerns about Clark’s government, for ‘middle New Zealand’?).

That’s fine and pragmatic, and doesn’t mean necessarily being a little bit racist, homophobic, or whatever. But it might mean muting your commentary and positioning on those issues a tad.

And that could make some, at least, leap from the windows rather than waiting to be ‘defenestrated’.

I think that’s the challenge with the more ‘centrist’ positioning.

Lew
Anthony, I agree with all of that.

PG, I think that is the challenge with a more “centrist” positioning, but ultimately the long game is what matters. It’s mostly futile to try to campaign outright on unpopular topics — or those that are “in front” of popular thought, as you aptly put it — when you don’t control the agenda. Clark found out in 2004/5 when Brash hijacked the agenda at Orewa after a very progressive first term, and again in 2008 when the s59 repeal became a de facto government bill about the childless lesbians Helen Clark and Sue Bradford* wanting to personally bring up Waitakere Man’s kids.

I daresay there will be a lot of ideological austerity shared about over the coming term, not limited to the usual whipping children of progressive movements, but likely encompassing the unions and hard-left factions as well (and much of this may be pinned on Shearer to frame him as a “right” leader, when his hand may have been forced by political circumstance.) The project is to rebuild Labour as a political force, because if Labour continues to decline nobody — not Māori, not women, not the unions — is going to benefit.

Sometimes discretion is the better part of valour. My major stipulation is that whatever gets nudged out onto the ledge, as it were, is done with due engagement and consideration of those it impacts, not simply decreed by the leadership as being “not a priority” (and if you disagree you’re a hater and a wrecker).

L

* Notwithstanding the fact that neither are lesbians, and Sue Bradford isn’t childless.

Justice Gnomes

The New Zealand Police [and Crown Law] appear to be adopting the Underpants Gnome strategy to deal with minor breaches of public order and transgressions against the general authority of the state:

1. Brutally arrest and lay spurious charges for general idiocy or mostly harmless defiance.
2. Weather firestorm of public and civil society outrage.
3. Drop or substantially downgrade charges after months (or years) of tedious ‘review’.
4. Insist that, despite expert opinions to the contrary, their original decision to lay charges — and the excessive means by which the arrests were effected — are perfectly justified.
5. ????
6. Profit!

This pattern holds in three high-profile cases that spring easily to mind: most clearly the “Urewera Terra” raids and subsequent fiasco, about which Pablo has written previously; more recently the case of Arie Smith, documented best by Russell Brown; and the pattern has today been completed by the decision to drop charges against Tiki Taane.

There are certainly other examples, which readers can discuss in comments. An exception to the pattern has been the Crown’s treatment of the Waihopai Three, who are being vexatiously pursued for damages they can’t pay, having been found not guilty by a jury of their peers. Pablo has written about this, also. In stark contrast to the high standard of conduct expected of random individuals stands the lax attitude towards police discipline, with egregious conduct documented or alleged in two out of three of those cases, and in others.

This coming weekend (weather & workload permitting) I’ll be visiting a block of land in Taranaki that the police had also pegged as housing “terrorist training camps” back in 2007. They failed to reach even the lax evidentiary requirements to gain the proper warrants to conduct raids there, but according to contemporaneous news reports they weren’t far off, and had dedicated considerable time, effort and money towards that end. Based on what I know about these particular circumstances, they would have roused a few kaumātua at Parihaka and its surrounds; some possum trappers, and depending on the day, perhaps a hunter or two (most likely Pākehā), since the most dangerous people in there are the folks who go in of a weekend with quad bikes and boxes of ammo and bottles of spirits to blaze mobs of goats, and leave them on the flats to rot as pig bait. Policing of this sort is a fool’s errand, and after nearly four years we have no reason to believe that those cases that had accrued slightly more evidence than the one of which I’m aware will have meaningfully more merit.

Watching and listening coverage of the 1981 Springbok tour riots this past week or so I’ve been struck by how his preoccupation with symbolic insults to law and order, rather than more substantive breaches, is reminiscent of police and government conduct under Muldoon, during that era — a short, sharp, shock doctrine of fiercely punishing trivial breaches in order to send a signal to those who would commit more serious actions. I don’t have time at present to go into a deep discussion of the implications of this activism among the police, and indeed Pablo has already covered much of that ground better than I could. But the apparent detachment between police command and both the ordinary citizens of the state and the country’s expert civil society agencies would be hilarious if it wasn’t so concerning.

Perhaps the worst aspect of this trend is that it serves to undermine the credibility of and public confidence in the police, which civil society needs to function. Especially at society’s margins — including Māori, the disabled, and activists — with whom police should be especially assiduous about building relationships.

Update: And would you look at that — right on cue, the remaining trumped-up firearms charges against the Urewera 18 have been dropped, on the grounds that continuing proceedings would not be in the public interest. Indeed. So, authoritarian apologists for the police state and anti-Māori revenge fantasists, how you like THEM apples?

L