Urewera Terror: epic fail

Whatever your opinion regarding the Urewera Terror raids, you have to admit that the Police and Crown Law have failed.

The so-called “Urewera 4” were convicted on about half of the least-serious charges brought, and the jury was hung on the more serious charges of participation in an organised criminal group. The defendants may be retried on these latter charges, and they may yet be found guilty. But the paucity of the Police and Crown Law operation is pretty clear regardless.

Let’s put this in context. The Crown sought initially to lay dozens more charges against many more people than the four who eventually stood trial; leave to bring charges under the Terrorism Suppression Act was not granted, and most of the other charges were dropped after the Supreme Court ruled that the evidence upon which they were founded had been illegally obtained. A year of fancy intensive surveillance; an extreme and unprecedented police assault on an unsuspecting community, including violent treatment of old people and children; four and a half years of lawyering comprising the most expensive trial in New Zealand history, held almost as far from the homes of the defendants as is possible; leaks and publicity tactics designed to bring about a de-facto trial-by-media — and the best they convict on is Arms Act offences such as about half the adult male population of rural New Zealand would be guilty of at some time or other? This, we are supposed to believe, is Aotearoa’s finest at work.

Not only did they fail at the nominal objective of securing convictions, they totally failed at the personal, punitive motive of punishing Tāme Iti and shaming him before his people. Iti has been literally the face of Māori activism, at least since Hone Harawira took the institutional path, and it is impossible to see this trial as anything other than utu for his temerity in escaping conviction for previous acts of defiant political theatre, most notably shooting a flag at a Waitangi Tribunal hearing in 2005. By going in loud and heavy, attempting to show them uppity Māoris who was boss, the Crown set themselves an ambitious target: they had to actually show who was boss. By failing to convict him on the serious charges at a canter, they failed. Tāme Iti is now a celebrity. His mythology is greater than his deeds, except inasmuch as resisting such a legal and ideological onslaught with dignity is a significant deed in itself. He has, in the view of a significant minority of the population, been victimised by the system, and that victimisation provides proof of Crown oppression he had previously struggled to demonstrate. For the rest of the population, Iti represents a brown, tattooed bogeyman, an object of fear, and of loathing that ranges from mild to virulent depending on who you talk to. Iti isn’t standing for office, he doesn’t need to be loved by 50%+1; he just needs to engender fervent support among an active minority, and vague feelings of unease in the rest. Notoriety differs from fame only in its polarity. The Police and the Crown have granted Tāme Iti this sort of fame. He should probably thank them for it.

As if the particular and the personal weren’t failures enough, the Crown also failed at the strategic project of redefining “activism” as “extremism”. Despite all the preceding factors weighing in the Crown’s favour, that a heavily-vetted jury was split indicates that they have failed to blur this crucial distinction, and failed to reframe left-wing and Māori activism* as a threat to civilisation, rather than a legitimate expression of dissent in an open society. This suggests that, in spite of years of Police infiltration and surveillance, of decades of stigmatisation and propagandisation of groups from Ngā Tamatoa to Ploughshares to SAFE, in spite of the better part of two centuries of official attempts to elide the gulf between dissent and insurrection, the public doesn’t really buy it. The jury — and, I would suggest, the people of Aotearoa — quite like and value that distinction and although it is been somewhat eroded, there it remains.

For that finding alone, and regardless of the result of any retrial, yesterday was a good day.

L

* Māori and leftist because, let us not forget, the Right Wing Resistance are free to continue with their training camps and their pseudo-secessionist projects, unmolested.

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

The Big Wet

Having neglected my bloggerly duties these past six weeks (in fact, I’ve been neglecting all my duties which aren’t strictly in service of looking after my family and keeping my job), I had resolved to write something about one of the many momentous events which have taken place recently. There are many to choose from. Some topics (Pike River; Wikileaks; Foreshore and Seabed for instance) are no longer immediate; others (the re-emergence of Winston Peters, commencement of the NZ general election campaign and its forerunner the Botany by-election) are not yet sufficiently well-formed for me to quite know what to say about them yet. Yet others (notably the shooting of Gabrielle Giffords, Wikileaks and the Urewera Terra trials) have been more ably dealt with by Pablo and/or so many others, such that anything I could say would be redundant. There’s already enough peoples’ two cents rattling around in the hollow urn of internet discussion. In the context of these events other things I was meaning to write about (such as the manvertising topic Pablo discussed before the break) seem a bit trivial.

Add to all of this, today there is really only one story; that an area twice the size of Texas — the canonical measure of a really big thing — is underwater in Queensland; including much of Brisbane. The coverage put out by the Australian media, and in particular the ABC, is first-rate, and the best I can do is commend it to your attention.

There is one point, however, that I don’t think has been made strongly enough: and that’s that events such as these are a consequence of climate change. While it is fashionable for climate change deniers to mock those pointing to the increasing frequency and severity of snowstorms, cold snaps, hurricanes and torrential rainfall events as evidence for ‘global warming’; implying that climate science proponents try to take everything as evidence of ‘global warming’, the fact is that the term ‘global warming’ was retired and replaced with ‘climate change’ because the thesis isn’t just that the planet will get warmer.

That’s part of it, but the events — snowfall and what not — being pointed to are not climate; they are weather. The relationship between climate and weather is a lot like the relationship between mathematics and arithmetic — indistinguishable if you don’t understand them, but fundamentally of a different order. Weather, like arithmetic, is by and large small, trivial, unarguable stuff — stuff which is more or less self-evident. It rained this much last week; 2+2=4 — whereas climate, and mathematics, are bigger, more open-ended and by definition less quantifiable. Mistaking ‘weather’ for ‘climate’ is an immensely useful rhetorical device, and one which I believe has not been sufficiently well guarded-against by those whose task it is to argue the climate change case. But even though it may not have been made clear to the degree necessary for broad public and political comprehension, this distinction is well understood by those working in the field and anyone who cares to acquaint themselves even scarcely with the material. And fundamentally the take-away is this: climate change caused by the increased quantity of greenhouse gases in the atmosphere, to the extent that it takes place, will have unpredictable flow-on effects such as increased frequency and severity of severe weather events, and not just heat waves and droughts such as ‘warming’ would suggest.

The XKCD comic above (of which some years ago, my wife bought me the t-shirt) shows the Cosmic Microwave Background radiation spectrum. This has nothing much to do with climate change, but it is a famous proof of the scientific method: a near-perfect agreement between theory and actuality which is pretty fundamental to our understanding of a bunch of stuff. Science’s only defence; the only thing which gives it any importance or makes it any use at all, is that it works. When properly applied, it predicts actual events. The Queensland floods, as well as other such events, are happening as predicted, and anyone who tells you otherwise is either ignorant, or having you on, or both. In Andrew Bolt‘s case, it’s both. Queenslanders — and others similarly impacted by such events — need neither.

L

‘Ethnographic’ TV: compare & contrast

At the risk of courting Pablo’s disappointment, I’m descending briefly from lofty theoretical heights to make a few rather rambly observations about two new examples of ‘ethnographic’ reality television in New Zealand: How the Other Half Lives and Are You My Tribe? (both of which screen on TV One, Monday nights).

First, the similarities: Both shows follow a pretty well-established format popularised most thoroughly by Louis Theroux: ‘gonzo anthropology’ for the television audience. Both are journeys of discovery undertaken by middle-aged celebrities who have made their names and reputations by being all-round Kiwi blokes — former All Black Marc Ellis and broadcaster Mikey Havoc. Both have enthusiastically embraced their ignorance of those aspects of life in New Zealand which form their shows’ subject matter. Both possess the superficial characteristic required for such an endeavour: the ability to establish and maintain rapport with people whilst simultaneously objectifying them; or, put another way, the ability to make the objectification not seem quite so objectionable.

In HTOHL Ellis is explicitly using his status as a cultural elite to investigate defined sub- or counter-cultures within New Zealand society. In AYMT Havoc uses the same cultural elite status to gain entry to te Ao Māori in an attempt to make up for 38 years of having (as one Ngāi TÅ«hoe kaumatua put it) not bothered. Both Havoc and Ellis speak to — and for — ordinary Pākehā middle-class New Zealand; that swathe of folk who are, by any objective definition, in charge of the country economically, politically and culturally; and who yet harbour considerable uncertainty about whether they are or not. There’s an unselfconscious normative aspect to this; HTOHL’s blurb declares that Ellis “reckons he’s pretty normal” but in the show “he jumps the fence of normality”; the word ‘other’ is even in the show’s title. AYMT pointedly started with the most ‘scary’ iwi for its first show, which went to some lengths to emphasise TÅ«hoetanga as a distinguishing characteristic. So the clear subtext of both shows is to firm up that shaky sense of cultural identity by emphasising the fact that the cultural objects of his investigation — those, by definition, with a strong and distinctly-articulated identity — are on the margins, outside society’s norms and not really wholly accountable to them. The screening of the two shows back-to-back is a bit troublesome here; I’m vaguely disturbed by the equation of Māori with the sort of fringe subcultural ‘others’ which are the objects of Ellis’ investigations — Neo-Nazi survivalists, witches, born-again Buddhists and so on.* One of the key things the last few decades should have taught Aotearoeans of all hues is that Māori aren’t just another fringe group.

So much for the similarities. There are some pretty fundamental differences between these two shows, which are also emphasised by their consecutive timeslots. The first and most obvious of these is the specific objects and the host’s relationship to them. Ellis is lighthearted and superficial; he’s more interested in the gonzo than in cultural engagement, and the choice of fringe subcultures as his objects permits him to be flippant and dismissive when it suits. Havoc, playing for much higher stakes, doesn’t have this luxury: he can’t treat his objects as cultural curiosities or as a freakshow. He has to take his objects seriously, and this requires him to engage more deeply and more honestly with them than Ellis does, to put more of himself on the line, drawing more out from the objects of his investigation.

That difference gives rise to the second major difference: the presence and extent of judgement as to life according to ‘other’ norms. The heart of programming like this — and of comparative ethnography in general — is in the carefully-contained judgement of the investigator. The point is to examine the cultural fronts, where norms butt up against each other; and the key attribute of a host isn’t so much to be a jovial wise-cracking ‘good bloke’, it’s to do so whilst gaining genuine insight into where the cultural fronts lie, how they might be negotiated, and indeed whether it’s possible to negotiate them. This is a pretty rare quality; one which Louis Theroux has in spades and which permits him to make such eye-opening television: the objects of his investigation don’t feel like they’re being objectified. As a rule they are disarmingly frank, and sometimes frighteningly so. Theroux achieves this sort of dynamic by carefully constraining his judgement, but not abandoning it altogether. Theroux asks the question which needs to be asked and holds his own cultural ground, but does so in a way which does not threaten or attack his objects. Theroux refuses to become complicit in admiring whatever edifices of self-delusion his objects erect, but also does not make it his business to tear them down.

For all that Havoc exhibits maudlin and faintly embarrassing envy for the strong and rooted sense of identity possessed by Ngāi TÅ«hoe (honestly, how many generations will it take for people to realise that being Pākehā is not the absence of culture; it is a culture in and of itself!), he enters into the discourse in good and robust faith to find out what that identity is, and what it tells him about his own. His aim is not to disabuse them of their stranger notions, but nor is it just to impassively observe. Havoc puts himself in uncomfortable situations (such as powhiri and a raucous kitchen-table drinking session) but does not relinquish his own cultural ground, finding ways to ask the question — like addressing the fact that one in four young Māori end up in prison, and asking “how is ‘exclusive’ different from ‘racist’?” — and expecting good answers, without alienating those who must provide them.

Ellis, on the other hand, is not required to do anything more than the superficial, so he doesn’t. He exhibits a much stronger sense of his own identity than than Havoc does, but there’s almost nothing of it in the programme. His own reality is never challenged: the cultural front never emerges because instead of engaging and standing firm on his own ground, he withdraws into jocular trivialities, avoiding the conflict which is necessary for this sort of exercise. Discomfort is limited to banalities like sitting through three-hour chanting ceremonies and sleeping rough in the bush. He gets through the entire first episode of this season with Kyle Chapman, former leader of the National Front and probably New Zealand’s best-known neo-Nazi, without once initiating discussion about the ideological and racist foundations of Chapman’s Survive Club. What’s more, when one of the club members talks about how the ‘maaris’ — and Ngāi TÅ«hoe in particular — are the leading threat to New Zealand’s civil society, he fails to ask the question (in fact, judging by a posting on Survive Club’s website it seems that not being a “media hate monger” was part of the deal.) It takes a special sort of obliviousness to not remark on the irony of a group of racial-supremacist armed wannabe commandos training for the coming apocalypse in a remote part of the Southern Alps who think some other group are the real threat.

You don’t get to be Louis Theroux without asking that question.

L

* I can certainly see the counter here: Tūhoe training camps; rongoa Māori and modern religions like Hauhau and Ratana.

Brief, subjective reflections on the Tino Rangatiratanga flag

In January and February 2008 my wife and I did a road trip the length of the country, twice — from Wellington to Bluff, back to Wellington, up to Cape Reinga, and back to Wellington again. For most of the trip, we flew a small Tino Rangatiratanga flag, one of those small ones which clip onto a car window. It was partly a matter of literally “flying the flag” of my political views at this time of year — I must note, with some misgivings on her part — and partly an experiment to see what response it would get.

Photo by Adrienne Rewi.
(Photo by Adrienne Rewi — because its surprisingly hard to take a shot of your own car-flag while driving and we didn’t take one. Used without permission but with thanks — I’ll take it down on request.)

Most obviously, traffic seemed to treat us somewhat differently, though this might be down to regional and seasonal driving variations. Some cars honked, some flashed their lights or waved; others rode closer behind or seemed to overtake more aggressively. Many times I saw drivers staring or otherwise reacting with surprise at seeing a couple of Pākehā in a white station wagon flying such a flag. Truck drivers were particularly well-represented in all these reactions; the road is their territory, and visual vehicular statements of identity or loyalty mean a lot to them.

This was especially true when driving around Otago and Southland with my ZZ Top-bearded and bemulleted uncle in the car. Mostly in the South, though, people were cool but not hostile, and too polite to mention anything they might have thought. The response, both positive and negative, was strongest in the central North Island, Northland and the Bay of Plenty. In Taumarunui we got into town late and a group of local Māori were drinking and singing karaoke at the hotel where we stopped. They were intrigued and after a few friendly waves and “kia ora bro”s a couple of kuia came over to suss us out — asking us who we were, where we were from, and so on. Learning that we were from Whanganui, and that I have family connections to Jerusalem put it in context and they treated us with easy amiability. Their only mention of the flag was to remark that it was probably a pretty good guard against theft; said with warmth and irony and humour. There were several of these sort of encounters. Later, stopping for side-of-the-road hāngi on the road between Wellsford and Whangarei, the young guy gave us $2 off and claimed it was because it was the last, though I could see there was plenty left and it was only just lunch time. Especially in the Far North, and through the Bay of Plenty from Te Puke through Whakatane down to about Rotorua, Māori pedestrians and kids playing near the street would shout and point and wave. Usually, this was in run-down areas, and the people waving and shouting “chur bro!” often wore gang colours.

The “anti-theft device” line was replayed unbidden in Tauranga while visiting some in-laws, though this time in all seriousness, with none of the warmth of the Māori in Taumarunui. This was combined with a rather heated debate as to the relative merits of the Clark government, Foreshore and Seabed Act and general state of the bicultural nation. The two events were on consecutive days, and the contrast could not have been more stark.

In a couple of cases — once in Lyttelton in the carpark of the Wunderbar, and again outside a petrol station in Whitianga — we were asked by random strangers if we were Māori, and if not, why were we flying the flag. In Lyttelton this was good-natured and curious; in the other case, the question was asked with gruff suspicion, and the answer — an explanation of what the flag means and its origin — didn’t cut any ice with the chap who looked and seemed rather like Garth George. I’ve encountered that sort of reaction before — once a guy called me a “race traitor” in Molly Malone’s because I was wearing a Tino Rangatiratanga hoodie — and that one didn’t even have the flag, just the words.

But on a trip of 7,500km on the busiest roads in the country, passing through all the main population centres at the time of our national holiday, in an election year, not long after the Urewera Terra arrests and with issues of racial separatism and colonialism very squarely on the agenda, the thing which was most obvious was how little such a statement changed anything. It reiterated to me that New Zealand is a pretty tolerant and easy society, as long as that tolerance is not stretched too far. Another example of this was this evening’s “Great Debate” on Māori TV between celebrities and comedians and such folks on the moot “now is the time for Aotearoa to close the immigration gates”. I won’t spoil the result, because it really is worth watching (and I assume Māori TV will put up a video), but while the moot was robustly (and often very personally) contested, it was all done in wonderful good humour. The same good humour as of a Māori joking ruefully about Māori crime — and the opposing siege mentality the following day. Happily, I think the former predominates in this country, and provides a sound basis for the ongoing development of a bicultural — and eventually multicultural — society.

L