Tag Archives: Treaty of Waitangi

The flag: politics either way

It’s impossible to ignore the fact that every single one of those Māori I’ve heard speaking out against the tino rangatiratanga flag has a tribal axe to grind. Shane Jones, Kingi Taurua, Pita Paraone, Winston Peters — they’re all from the iwi of that group of rangatira who established the United Tribes of New Zealand confederation under Busby in 1835, in the Tai Tokerau. They, naturally enough, want the United Tribes flag flown instead of the one which represents the aspirations of wider Māori. The root of this claim is the belief among those groups that theirs was the ‘state of origin’, as it were — the first actual state in these lands. That’s a complex and disputed claim but regardless, the belief abides, and this sense of primacy is no small part of the reason that so many of this country’s Māori statesmen and women, great thinkers and inspirational leaders, come from the tail of Te Ika a Maui.

They say there’s an ulterior motive in the flying of the tino rangatiratanga flag on the part of the māori party, who have adopted it as their own, and I accept they have a case. They also have a case to argue that the United Tribes flag should be flown — especially at Waitangi Marae (Te Tii), where the choice belongs solely to mana whenua. But let’s not pretend there’s no ulterior political motive on their part: they have every reason to decry the flag as ‘separatist’ and ‘divisive’ in order to fly their own. Not only that, but the motive is no more unanimous among Ngāpuhi than among other Māori — the tino rangatiratanga flag is supported (obviously) by Hone Harawira, and was designed by Hiraina Marsden, the daughter of the Rev. Māori Marsden, one of the most important philosophical figures of that iwi, and a mentor to Shane Jones and many others. So the political motives in play are much more complex than they appear.

As for Winston Peters’ objection that the tino rangatiratanga flag is ‘political’ — was there ever a more ridiculous assertion? The whole purpose of such a flag is to symbolise and propagandise political identity, to provide it focus and expression. The United Tribes flag is no less political than the tino rangatiratanga flag — and so it becomes a matter of picking which symbolism is more appropriate.

On the one hand we have a long historical pedigree, and a flag which represents the early unity of the NZ proto-state and the formal beginnings of collaboration between tangata whenua and tau iwi, but which actually represents only a small subset of the Māori population and whose political cause (to establish a client state sympathetic to the English in their manouvres against the French) was superceded by the Treaty of Waitangi only a few years after its establishment.

On the other, we have a relatively new flag, one whose symbolism and history is exclusively Māori, rather than being part of a wider game between colonial powers; a modern flag representing modern, rather than historical aspirations but which has, to an extent, been hijacked by the radical movement.

For me, it comes down to the process enacted by the government: wisely, instead of deciding by fiat, John Key instructed Māori to decide, and decide they did, with more than 80% of the 1200 submissions in favour of the tino rangatiratanga flag. This is not to side with majoritarianism, but to say that choosing another flag would have been manifest politicking. Better from Key’s perspective to devolve the decision and allow an age-old struggle to re-emerge: he looks statesmanlike, and both his erstwhile political friends and his enemies get bogged down in internecine fighting. I had hoped it wouldn’t happen; and it might yet prove minor. But the issue won’t go away — nor should it.


Back away slowly

Update: This post was a response to an attack on me by Chris Trotter. Since it was published, Chris has graciously apologised for writing it, and for the general bad blood between us. He has deleted the post from Bowalley Road, and I give him my hearty thanks for the reconsideration.

I have also been culpable in this rather nasty exchange, which stretches back almost a year. For that part in it I, too, must apologise. While I retain strenuous objections to Chris’ political positions (as I’m sure he does to mine) these needn’t have become personalised, and are better discussed calmly as befits reasonable adults. While they may yet prove intractable, it should be possible for people in a free society to hold irreconcilable differences and yet remain civil. Much heat, and too little light, has emerged from this meeting of political minds, but I think there is potential for future engagement between Chris and I based on some sort of goodwill and tolerance rather than upon vituperation and political posturing, and I will do what I can to cultivate it.

While Chris has deleted his post, I do not believe in tampering with the historical record in that way. While I might regret things I’ve said, I won’t pretend I didn’t say them. And so the content of my response remains below the fold. It should be read with the subsequent context and this apology (and pledge to more constructive engagement in the future) very firmly in mind. In fact, the most worthwhile thing by far to emerge from the dispute is an unexpectedly useful discussion led by commenter “Ag” on the nature of class consciousness and electorate rationality: I commend that discussion, rather than the post from which it emerged, to the KP readership.


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‘Blue collars, red necks’: triply flawed

To those who stick up for their identity, socialism sticks up two fingers!

To those who stick up for their identity, socialism sticks up two fingers!

In the coming years, core tenets of socialist and indigenist faith will be tested. Labour, with its recently-adopted ‘blue collars, red necks’ strategy, has struck out along a path which requires a large slice of its core constituency — Māori — to search their political souls and choose between the renewed Marxist orthodoxy which privileges class above all else; and the progressive social movements developed over the past three or four decades which have produced a society tolerant enough to permit their unprecedented cultural renaissance.

The strategy indicated by Phil Goff’s speech appears to be substantially based on the simple calculus, most forthrightly argued by Chris Trotter, that ‘social liberals’ are fewer in number than ‘social conservatives’ among the proletariat, and therefore an appeal to ‘social conservatism’ will deliver more votes than the equivalent appeal to ‘social liberalism’. This is couched as a return to the old values of the democratic socialist movement — class struggle, and anything else is a distraction. But because the new political strategy is founded upon an attack on Māori, it requires that working class solidarity wins out over indigenous solidarity and the desire for tino rangatiratanga in a head-to-head battle. Māori must choose to identify as proletarians first and tangata whenua second. Similarly, the māori party’s alignment with National and subsequent intransigence on issues such as the Emissions Trading Scheme asks Māori to privilege their indigeneity over material concerns.

An article of faith of both socialist and indigenist movements is that their referent of political identity trumps others: that all proletarians are proletarians first, and that all indigenous people are indigenous people above all else. In the coming years, unless Labour loses its bottle and recants, we will see a rare comparison as to which is genuinely the stronger. Much of the debate which has raged over this issue, and I concede some of my own contributions in this, has been people stating what they hope will occur as if it surely will. For this reason the test itself is a valuable thing, because it provides an actual observable data point upon which the argument can turn.

A spontaneous interlude: I write this on the train into Wellington, in a carriage full of squirming, shouting, eight and nine year-olds on a school trip to the city. In a (rare) moment of relative calm, a few bars of song carried from the next carriage, and the tune was taken up enthusiastically by the — mostly Pākehā — kids in my carriage.

Tūtira mai ngā iwi (aue!)
Tātou, tātou e.
(In English:
Line up together, people
All of us, all of us.)

Read into this what you wish; one of life’s little rorschach tests.**

Clearly, I don’t believe Māori will abandon the hard-won fruits of their renaissance for a socialist pragma which lumps them and their needs in with everyone else of a certain social class, which in the long term would erase the distinction between tangata whenua and tangata Tiriti. This distinction will fade with time, but that time is not yet come. For this reason I believe the strategy is folly at a practical level. Add to which, the appeal to more conservative social values was always going to be strong among Māori and Pasifika voters, so the left and right hands (as it were) of the socialist conservative resurgence seem unaware of what the other is doing: with the left hand, it beckons them closer, and with the right it pushes them away.

My main objection to the ‘blue collars, red necks’ strategy is not practical — although that would be a sufficient cause for opposing it. The main reason is because of principle, and this question turns on an assessment of the left in politics. Trotter and other old-school socialists (and presumably Pagani and Goff and the current leadership of the Labour party) believe that the left has been hijacked over the past generation by non-materialist concerns and has lost its way as a consequence. I believe that the wider social concern with non-material matters has saved socialism from its own dogma.

Largely discredited as an economic system and its legacy irretrievably tarnished by the catastrophic failure of practically every implementation, socialist-aligned parties on the left have been forced to diversify from a strict focus on what’s in the pockets of the proletariat to what’s in their heads — what they care about and who they are, their identity beyond being ‘the proletariat’. In doing so these movements have embraced liberalism, social equality movements, and environmentalism, and the resulting blend, termed ‘progressivism’ has become part of the political orthodoxy, such that the political right must now pay at least some mind to these considerations if it is to remain viable. This broadening, and the progressive movement’s redefinition of what is right by its general and gradual rejection of racism, sexism, sexual and religious discrimination, among others, has been hugely beneficial to society. For reasons of principle, it should not be discarded out of cynical political expedience.

Furthermore, maintenance of the social liberal programme has strategic, pragmatic value. It has enabled left political movements to broaden their support base and engage with groups often marginalised from politics, breaking the previously zero-sum rules. The modern Labour party has built its political church upon this rock of progressive inclusion, broadening its support base by forming strategic alliances with Rātana from the time of the First Labour Government and less formally with the KÄ«ngitanga and other Māori groups, to which the party owes a great deal of its political success. The progressive programme has broadened to include other groups historically marginalised by the conservative establishment. For Labour to shun its progressive history and return to some idealised socialist pragma of old by burning a century of goodwill in order to make cheap electoral gains by emulating their political opponents is the same transgression many on the economic left have repeatedly levelled against the māori party, and with some justification: selling out one’s principles for the sake of political expedience is a betrayal, and betrayals do not go unpunished. In this case, the betrayal is against the young, who will rapidly overtake the old socialist guard as the party’s future; and Māori, who will rapidly overtake the old Pākehā majority in this country’s future. The socialists might applaud, but Labour represents more than just the socialists, and it must continue to do so if it is to remain relevant.

So, for my analysis, the ‘blue collars, red necks’ strategy fails at the tactical level, because it asks Māori to choose their economic identity over their cultural identity; it fails at the level of principle, because it represents a resort to regressive politics, a movement away from what is ‘right’ to what is expedient; and it fails at the level of strategy, because by turning its back on progressivism the party publicly abandons its constituents, and particularly those who represent the future of NZ’s politics, who have grown up with the Labour party as a progressive movement. It is triply flawed, and the only silver lining from the whole sorry affair is that (again, if Goff and Pagani hold their nerve) we will see the dogmatic adherence to class tested and, hopefully once and for all, bested.


* Of course, Goff claims it is no such thing. But Trotter sees that it is and is thrilled, and John Pagani’s endorsement of Trotter’s analysis reveals rather more about the strategic direction than a politician’s public assurance.

** I see this as an expression of how normalised Māori-ness is among young people, and as much as can be said from the actions of nine-year-olds, an indicator of NZ’s political future.

Ka ora!

Ka ora! (I live!) – the triumphant second part of the famous challenge in Te Rauparaha’s haka Ka Mate, composed after his narrow escape from seemingly-certain death. Ka mate is itself a symbol of life and vigour and indomitable spirit, a rowdy celebration of vitality, and one of the most vivid and tangible symbols of New Zealand culture, both for Māori and for Tau Iwi, and much-loved and admired by people the world over, so ubiquitous that many simply know it as the haka, as if there were none other.

Now the rights to this famous tāonga are to be vested in Te Rauparaha’s descendants, Ngāti Toa Rangatira. This is a sore spot for many people, who for the reasons above feel as if they have a stake in Ka Mate as well. Much of this hearkens back to the old `iwi/kiwi’ rhetoric of the 2005 election campaign, and in particular I’d like to point to one small exchange which I think illustrates that that rhetorical line no longer has quite the currency it did; then I’d like to engage with the actual matter of the issue: the meeting of intellectual property, identity and mātauranga Māori.


haka13The Rod Emmerson cartoon at right appeared on the front page of the New Zealand Herald on 11 February 2009, the day the Letter of Agreement between Ngāti Toa Rangatira and the Crown was signed, and is the most direct reference to the old iwi/kiwi debate. The image was also attached to the online story. However, that day during Question Time, Minister for Treaty Negotiations Chris Finlayson harshly criticised the cartoon, saying it was “puerile and inaccurate […] highly offensive to Ngāti Toa. We are not talking about that kind of redress”. This position was reiterated by John Key, and was the subject of another article the following day. They’re absolutely right: as I will demonstrate below there is no merit whatsoever to the argument.

After Finlayson’s statement in Parliament, the cartoon was detached from the article – but it remains on the NZ Herald’s server, and that it was attached to the article is proven by google images. Tangentially, the cartoon appears to be one of a batch by Emmerson, including this one, very similarly composed. At least two other cartoons emphasised the financial issue – Mike Moreu’s and Tom Scott’s.

The importance of this very minor editorial backdown by the NZ Herald is huge. I’m not arguing that Finlayson’s statement in the House caused the Herald to take it down, but it was undoubtedly an influence: perhaps the Herald saw that the tide has turned. The very fact that a National Minister would so firmly repudiate such an allegation of graft among Māori business interests, against the editorial line of both our major press outlets, shows how far they have come since the bad old days of Don Brash’s populist point-scoring. It also shows that they’re in government and mean to stay there.


People talk about `intellectual property’ as if it’s unified by a central legal idea, or created from whole cloth. In fact the whole realm is a minefield of social, legal, technical, customary and common-law complexity from several intellectual traditions, dating back to the enlightenment, and very poorly updated to encompass things which have happened since. The S92 protests currently underway are an example of its deep and thorough dysfunction. It’s vastly more ugly and complicated than you might think: for an excellent critique of the whole system, I can recommend none better than Drahos and Braithwaite, Information Feudalism. Incidentally, like Richard Stallman, I abhor the term `intellectual property’ for this reason; though unlike him I don’t eschew its use when talking about the whole awful mess together.

When people talk about `intellectual property’, usually they mean `copyright’ but want to sound knowledgeable. Even when people talk about `copyright’ they are usually, in fact, mixing up two quite distinct parallel traditions: economic rights of copyright, and moral rights of the author. Simply; economic rights allow the copyright holder to extract a rent from a work, while moral rights afford other sorts of protection, such as the requirement of attribution. The two sets of rights can exist independently or apart; they need not necessarily go together, but can coexist happily if need be. The discourse inherent in the cartoons above, and in much of the news copy, is rooted in the supposition that economic rights are the only rights, and that Ngāti Toa Rangatira must therefore be looking to extract a rent from Ka Mate (even if only a piffling, `dollar dollar’ for the single most famous piece of Māori art in existence). This is also the foundation of Whale Oil’s rather smug argument that, since NZ copyright allows for a term of 50 years after the death of the author, copyright on Ka Mate lapsed in 1899 and it’s now in the public domain.

As is so often the case, the reality is quite different. The Letter of Agreement mentions nothing of the sort – no discussion of economic or moral rights, or of copyright, or even of that broadest of terms, `intellectual property’. No, the complete text in the LoA relating to Ka Mate is as follows:

– Ka Mate haka

The settlement legislation will also record the authorship and significance of the haka Ka Mate to Ngāti Toa and the Crown will work with Ngāti Toa to address their concerns with the haka in a way that balances their rights with those of the wider public.

The Crown does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate. Ngāti Toa’s primary objective is to prevent the misappropriation and culturally inappropriate use of the Ka Mate haka.

This stops well short of even the weakest copyright protection. It implies a subset of moral rights, and explicitly enjoins exercise of economic rights. The entire line of argument is therefore completely discredited, and if anything, Ngāti Toa Rangatira are faced with a hard task of staking a claim in any way other than the symbolic. If they choose – and there’s the big question nobody is asking.

Colonising Mātauranga Māori

Suppose Ngāti Toa Rangatira had been offered exclusive, authorial economic and moral rights to Ka Mate. Should they accept? Ultimately, of course, this is a matter of utility for that iwi, and them alone – but let me sketch a few of the issues in play. First, and most obviously, the adoption of Tau Iwi systems of knowledge ownership for mātauranga Māori (Māori knowledge) is a dangerous business. Those who have legitimate entitlement to the mātauranga might be prevented from exercising it by colonial IP laws; more importantly, the nature of the mātauranga itself is impacted upon by its presence within a framework, and the degree of codification and specification that requires. As M A Hemi said regarding the use of Māori terms in the Resource Management Act,

Māori concepts when treated in isolation are incapable of proper function and development. In fact, any concept when divorced from its cultural base is subject to dysfunction and cultural reinterpretation or hi-jack. (Quoted in Mason Durie, Te Mana, Te Kāwanatanga, p33.)

Nevertheless, there can be great utility in protecting these things by colonial means, in order to prevent their exploitation by colonial systems. This is the foundation for the WAI 262 claim, to my knowledge the longest-running and most complex claim ever brought to the Waitangi Tribunal, with enormous precedent value. And why shouldn’t they see any tangible economic benefits from their mātauranga now, given that for generations it has been exploited and co-opted and adapted without their consent or input, and to great commercial gain?

The question is a live one – ka ora.