Tag: Don Brash

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Primary thoughts on Te Mana

My thoughts on Te Mana aren’t very mature — they are very mixed, and quite primary, and I’m afraid I’m not very well informed. I’ve also been insanely busy the past few months — and especially the past month, and have had little time to focus on it. But last week I received a request by email from a regular KP commenter to post my thoughts on Te Mana, and what follows is a somewhat expanded edit of the reply I sent to him.

The initial comments suggested concern that Te Mana might be “opportunistically” taken over by the Pākehā “far left”, and I do agree that Te Mana needs to be Māori-led, and its functions need to be safeguarded against hijack by the usual bandwagon-jumpers — among whom I include folk like John Minto, Socialist Aotearoa and so on. The māori party, I think it’s now pretty clear, has been significantly colonised by Pākehā interests on the right, and if Te Mana is to prove any more robust, it must insure itself against the same happening from the other side. As a minor party, above all it needs to have focus and discipline, and too many chiefs (as it were) will lead to factionalisation, and that’s to everyone’s detriment. I’m not opposed to diversity within a movement, but I am against the leaders of one noisy faction taking over a movement for their own ends. That’s the major risk I see from people like John Minto and the principals of Socialist Aotearoa taking a prominent role: their vision isn’t the same as Hone’s, and although I expect they understand that, I’m certain the rank and file they command do not. Moreover, I think they’re a liability — even more than Hone is a liability, if possible — because they will turn off Māori as well as non-socialist Pākehā. That’s as far as my reasoned thoughts on the party’s internal dynamics go, and I welcome comment from anyone better informed on this topic than I am.

As far as where the party sits within NZ’s wider political context I think I have a better handle on things. The conventional wisdom about ACT and Te Mana engaging in a bit of mutual base-engagement is pretty good, but still a sideshow. The main event is (as ever) between National and Labour, and Te Mana’s relevance here rests on four main points.

First, Te Mana, with Hone likely to win Te Tai Tokerau, should be self-sustaining, at least for now. It needs to stand tall in the by-election to prove to people that they should support it in the general election. As far as Te Mana’s brand goes, the establishment Left distancing themselves is not really a bad thing (much more on this later). Te Mana needs to attract disenchanted māori party voters, and those who can’t be bothered voting for those parties. Its constituency needs to be positive-sum to as great an extent as possible, because the existing electoral offerings are broadly zero-sum.

Second, this is the establishment Left’s opportunity to say “for the past decade and a bit, National have been scaremongering about how we’re loony fringe extremists; socialists, communists, environmentalist haters of humanity, run by anti-family lesbians and all that — now Aotearoa gets to see what a real radical left party looks like.” The truth is that the Greens are perfectly moderate and gentle, and Labour are so ferociously orthodox they pose no meaningful threat to the established order of things, and Te Mana gives them a chance to illustrate that.

Third, and further to the second point, Te Mana provides Labour a crucial opportunity to differentiate from National. While historically the right has taken great glee in painting the Greens as the left’s equivalent of ACT, this is bogus. ACT is a genuine extremist party, espousing positions abhorrent even to many right-wingers, whose electoral existence in New Zealand relies upon them gaming the MMP threshold exemption because for most of the past decade they have been unable to persuade even one in 20 voters to support them. The Greens, on the other hand, represent a global movement whose positions and support are becoming more, not less, mainstream, and while not exactly rocketing skyward, their support remains strong and is steadily climbing. As much as the right wishes to claim the Greens are ACT’s left-wing equivalent, it is Te Mana who more appropriately fills that role. John Key was swift to label ACT and Don Brash ‘extremist’. He’s right, but he’s also protecting National’s voter base. This was tactically smart but strategically foolish, because Labour now get to label Te Mana as ‘extremist’ (‘radical’ is more correct, but that’s a technicality) and then say “National are working with the guy they admit is an extremist — we’re ruling out working with the extremist Mana Party. We’ve been telling you this whole term that John Key is a wolf in sheep’s clothing, and now he’s proven it.” They’ve done the first bit and I can only hope they have a plan to do the second bit, reclaiming the boring harmless sensible moderate ground they so richly deserve to hold.

Fourth (this wasn’t included in the email but is something I’ve argued elsewhere): while many people have pointed out that the by-election will cost money, which the three parties contesting it don’t have much of, by the same token it gives those parties an opportunity to go into the general election with a bit of momentum. It will give them a fair bit of media exposure (not all of which will be favourable), an opportunity to field-test their lines and positions. Most importantly, it will give the people involved — the candidates themselves, and the campaign managers and organisers and doorknockers and drivers and ringawera — valuable frontline experience. Falling into a rugby analogy: it gives the parties a chance to build match-fitness for the main event which follows.

Finally, I think the best outcome for both Labour and Te Mana here is the one Morgan has persuasively argued is most likely — for Hone Harawira to beat Kelvin Davis by a slim margin. Davis is a strong MP, if inexperienced, and although marginally placed at 33 on the list, should get in at the general election if Labour can at least maintain their polling. A tight contest will light a fire under both parties, which is valuable in and of itself. Hone Harawira has remained mostly true to his principles, undoubtedly represents a constituency and thus possesses at least a moral mandate to represent those who vote for him; Davis, also, but those principles are also represented by the Labour party. Hone would (on present polling of about 3%) bring in a couple of others, who would be in a position to advocate radical positions and apply pressure to the māori, Labour and Green parties while permitting Labour and Green to solidify their claim to the middle-ground, and would give the parties of the left an opportunity to feel each other out and reposition. More to the point, in terms of November 27 realpolitik, the lesson of NZ First in 2008 should be clear: if Hone doesn’t win his electorate and Te Mana doesn’t pass 5%, those votes are wasted, and National will be the main beneficiary. Labour’s future — in 2012 as it was in the past — is not to go it alone as the all-singing, all-dancing united left party, but at the core of a wider movement including the diverse and often misguided voices which characterise the wider left. Those horses (as has been exhaustively demonstrated by the NewLabour, Alliance and Progressive parties) cannot be bound by the same rope, and sometimes must be given their head.

L

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Violating ourselves

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

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

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

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

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

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

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

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

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

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

L

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

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Revealed preference

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

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

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

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

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

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

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

L

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Unmix these metaphors

ace_of_spades

In the last couple of weeks the government’s pistons have started pumping. After a year’s worth of blue-boiler-suited (non-unionised) engineers making sure the sleek machine is primed and fuelled and oiled and ready for action, the engine has roared into life and is beginning to blow out a cloud of smoke in preparation for a screaming burnout. As it proceeds, the party has dealt its Labour opposition a decent hand of cards; you could say they’ve built a house of them, which the mighty engine is in danger of knocking down. After campaigning on a platform of returning integrity and effectiveness to the Beehive, the public are beginning to get an inkling that the emperor may lack a couple of vital articles of clothing.

hughes12

Returning to cards: the strongest card is the decision to mine the conservation estate, announced last year. Classic crony capitalism is shaping up to be the trump suit. The other cards: Hide‘s junket timed to coincide with a wedding; Harawira‘s trivial but more spectacularly mismanaged junket; Key‘s and McCully‘s mining shares; revelations that Brownlee lied about being lobbied by mining interests which would stand to benefit from his actions as a minister; attacks against Radio NZ which benefit Joyce‘s former business partners; attacks against ACC which benefit the insurance industry to which the party has well-known ties; and ministers Heatley, Brownlee and Groser who were pinged pinching from the public purse for their own private pleasure.

corporate_crooks

Mining the conservation estate is the keystone of all this, the central peg on which the whole thing hangs — because the allegations cannot be denied outright, only explained. Particularly in the cases of Key and McCully’s shares, the value of the conflict of interest is irrelevant. It probably should be relevant, but it isn’t really: either there is a conflict of interest, or there isn’t. While there would be (much) more hay to be made from a large shareholding, that isn’t necessary to plant the seed of doubt in the rich loam of the electorate’s and the media establishment’s collective consciousness.

plant-a-tree

Likewise the other issues: trivial, but they ring true and all riff on the same themes. Hide’s transgression was much more significant in actual material terms than was Harawira’s, but Harawira was punished much more harshly because he failed to recognise the symbolic matter in play: both required abject, cringing apologies. Key’s “sloppy” uranium shares, which he was “too busy running the country” to recall owning is reminiscent of John McCain‘s failure to remember how many houses he owned, for which he was rightly crucified by a country staring down the barrel of an economic crisis which would cost many people their only home. The smiling visages of the three ministers on the front page of the Dominion Post: the Minister of Economic Development who can’t be trusted with a credit card; the Fisheries Minister who likes to splash out on feeds of kaimoana for his mates and party hangers-on; the Minister for Climate Change Negotiations wining and dining the former National minister who was an integral part of the Copenhagen negotiation, and now heads the environmental branch of the OECD apparatus. And so on. These are symbolic issues, not matters of real actual wrongdoing. But the government can’t just dismiss them outright, it needs to argue the merits, and by the time you have to argue the merits on this kind of thing, you’ve probably already lost the symbolic battle. This sort of behaviour passes the public’s sniff-test about how they think about the National Muldoon gave us. And it fits the narrative of the modern Key/Brash-era Nats as wheeler-dealers, well-heeled fat-cats with a finger in every pie, feathering the nest for their secretive plutocrat mates. It brings to mind an iceberg, with the tiny, trivial transgressions peeking above a glassy surface which hides the monstrous mass below.

iceberg

The job of the opposition is to tie all this into a coherent story which people can understand and feel in their guts: a myth that trips off the tongue at the pub or in the line at the football, in the front seat of a taxi, sitting on the bus, standing around the water-cooler or in the smoko room — in as many variations as there are poets of the NZ electorate.

This post cannot end without a mention of the good work the folks at The Standard — particularly Eddie — have done toward assembling the blocks for this narrative pyramid. I am often critical of them, and their tendency toward partisan hackery frustrates me, but they do a lot of good work, and it shouldn’t go unrecognised. They’ve covered all the main aspects listed here, but they can only go part of the way: now is for the opposition parties and their allies to lurch into action. All the cards have not yet been dealt; the ace of spades may yet be seen. Although the raw material is all there, it won’t be easy writing this story — just ask Lockwood Smith, who only by dogged repetition and worrying away at the Taito Phillip Field bone managed to raise the electorate and media’s awareness of that actual and manifest case of political corruption. But this is the opposition’s job, and if they can untangle the metaphors and lay them out for people in simple, appealing, resonant terms, they will gain some traction. Then perhaps, they too will begin to belch smoke and fire, and roar down the road to victory.

L

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Insensitive and hypersensitive

In the Insensitivity and hypersensitivity paper I referred to previously, Raymond Nairn and Timothy McCreanor studied submissions to the Human Rights Commission in response to the Haka Party Incident in which He Taua, including one Hone Harawira, broke up an offensive Auckland University engineering school mock-haka (this is poorly documented on the internets, but see here). They found that Pākehā responded by conceding that while the students may have been insensitive, He Taua were hypersensitive. This was and remains the default mode of rationalising race relations incidents in NZ: no matter whether it’s having their haka mocked or their Foreshore and Seabed nationalised, those Māoris are always complaining about something.

The insensitive-hypersensitive contrasting pair is a victim-blaming technique: the assertion that while we may have been insensitive, they are hypersensitive. This is presented as a concession but is in fact an attack which minimises the ‘insensitive’ party’s wrongdoing and magnifies the other party’s ‘hypersensitivity’ as a character flaw:

The term ‘hypersensitive’ carries a psychological load for which there is no parallel in ‘insensitivity’. Insensitivity is represented as deriving from ignorance; as such it can be dispelled by information. It is to be regarded as transitory, incidental, and non-deliberate. From a state of insensitivity an individual can act in ways similar or identical to those who are malevolent but is less culpable because a plea of ignorance can be made in mitigation.
[…]
In contrast, hypersensitivity is represented as deriving from emotional sources and is thus internally mediated. Such psychological phenomena are seen as part of the person’s nature and are not easily accessible to adjustment. Hypersensitivity is thus regarded in the same way as aggression, introversion and other personal characteristics. […] The association of hypersensitivity with emotion and indeed with extremes of emotion facilitates the marginalising of the actions and beliefs of people so labelled in ways which removes them from serious contention in social debate.

… and it’s ‘Warrior Gene’ all over again. Moreover, the common lexical root of the terms produces a false equivalence which amplifies this imbalance:

Blaming both sides, albeit one more than the other appeals to readers’ commonsense lore. […] It doesn’t matter that the unequal weighting of the ideas of hypersensitivity and insensitivity prejudices the judgement.

The sweet irony of this device is that, where there is a genuine imbalance of offence perpetrated by one group against another, it requires the offending group to be both insensitive to their own actions, and hypersensitive to the response of the group against whom the major offence was given. So it is with Hone Harawira’s deeply foolish, divisive and unhelpful comments of late: Pākehā New Zealand took hypersensitive umbrage at the terminology while insensitively ignoring the much greater offence caused by the repeated injustices visited upon Māori. I do not defend Harawira; the purpose is only to illustrate that this remains very much the standard means of reasoning around such incidents.

And so it is with Phil Goff, who played the insensitive/hypersensitive Pākehā role to the hilt in his response to Harawira, and has compounded that ill-considered reactionary stance by extending the narrative to the Foreshore and Seabed and the māori party’s decision to coalesce with National. This implies that Labour still thinks that Māori were unreasonable to object to the mass nationalisation of resources to which they had a legitimate claim in law, and that by cutting loose and forming another party they had somehow given greater offence to Labour than the original nationalisation had justified.

The message from Goff’s Labour party is loud and clear: we make no apologies for the decisions taken while being chased by the Brash Iwi/Kiwi monster, and are now prepared to do it all again if need be. This is a damned shame for the country, and for the party. Labour had a great opportunity to mend its bridges with Māori, as the māori party is burdened with an appalling ETS and its more and more fraught partnership with National — and instead of doing so they set another charge and detonated it. The Māori electorate will not support a Labour party which has declared itself the party of blue-collar Pākehā rednecks who are sick of ‘those Māoris’ and their complaining about things which happened the century before last. Where will they go? What will Labour do without them?

L

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Goff is the new Brash

Perhaps this speech is an attempt by Phil Goff to reclaim the term and concept of “Nationhood” from the clutches of rampant colonialism. If so, it is an abject failure. It compounds Labour’s cynical appeasement of National’s race-war stance in 2003 with a reactionary, resentful re-assertion of the same principles before which Labour cowered in 2004. It is the very epitome of what Raymond Nairn and Timothy McCreanor called “insensitivity and hypersensitivity“. More on this here

I had an incandescent rant underway, but I’ve said it all before. If you refer to the tag archive under the terms “Chris Trotter” and “Michael Laws” you can read most of it — which should give you an idea of the company Goff’s speech deserves to keep. And in the mean time, Idiot/Savant has summed up my thoughts in several thousand fewer words than I would have. I can do no better than to quote him (and please excuse the transitory obscenity in this instance):

This is the same cynical attempt to whip up racism so memorably used by Don Brash at Orewa. I despised it then and despise it now. Goff knows better, just as much as Brash did. But he’s willing to pander to racists to get a short-term boost in the polls, and bugger the long-term damage such pandering does to racial harmony.
Well, fuck him. Racism has no place in our society, and a proper left-wing party would be fighting against it, not engendering and exploiting it for political gain.
[…]
Despite Labour’s dear wishes, the Maori Party is not going to go away. Instead, it looks likely to be a permanent feature of our political landscape. More importantly, it looks to be setting itself up as the swing bloc which makes or breaks governments. That’s certainly likely to be the case at the next election, unless the government really screws up.
What this means is that if Labour wants to regain power, it will have to sit across the table from and work with the Maori Party. And that will simply be impossible if they are running on a racist platform. By following Brash’s path of cheap racism, Labour is alienating the party it desperately needs to win over. And the result may see it locked out of government for far longer than if it had kept its hands clean.

I’m trying very hard to find an image of that “white is the new black” All Whites poster/shirt with which to adorn this post — because that’s what Goff is driving at here: what you thought was colonial paternalism wasn’t, and what you thought was self-determination isn’t. It’s a disgrace.

L

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Foreshore and Seabed — indigenism, ‘One Nation’-ism, and internal division

In the first few days of July I began writing a post about the report of the Foreshore and Seabed Review Panel. Due to absurd busi-ness* I never got it finished. Since the government has this week responded to the review panel’s findings, two months after it undertook to do so, by kicking the issue to touch, I figure now is as good a time as any to examine the issue again.

First, let me begin by clarifying my position on the issue and the government’s handling of it. I have been vocal in my support of the māori party’s willingness to work with National in government, and their willingness to accept a range of lesser policy concessions in service of the repeal of the Foreshore and Seabed Act — not so much on the basis that it (the repeal) will necessarily result in a greater quantum of economic or social benefit than those other concessions might have, but on the basis that the decision is for Māori to make. The māori party, (it is often repeated, mostly by disgruntled Labour supporters) does not represent all Māori, and this is true — but inasmuch as it has kaupapa Māori foundations, it has a stronger philosophical claim to representat those māori who share that kaupapa basis than any other party in parliament; and on this issue in particular, a stronger mandate than the Labour party.

Indigenism

The striking thing about the review, and perhaps the reason for the tardy and incomplete response from the government, is that it is grounded in indigenist principles. It’s not the only indigenist policy document the government has kicked to touch in recent months: the NZGB recommendation that the spelling of Wanganui be corrected to Whanganui is another such thing. Indigenism, here used, is not so much ethnic nationalism (as it is usually given to mean) as a non-eurocentric philosophical basis; one which does not presuppose a Pākehā worldview or rules of engagement — a necessary quality in that sort of political action, but not in itself a sufficient quality. Linda Tuhiwai Smith’s book Decolonising Methodologies provides a clear explication of the practice of indigenist and indigenising research in the Aotearoa-New Zealand context.

The indigenist position derives largely from the choice of panellists (two of whom are Māori scholars) and from the scope of the inquiry, which explicitly gave the panel a mandate to assess the extent to which the FSA “effectively recognises and provides for customary or aboriginal title and public interests” in the foreshore and seabed. This accepted the facts of NZ’s constitutional and legal history and jurisprudence from the Treaty of Waitangi, the Native Land Court and more recently the Māori Land Court, the Waitangi Tribunal, and the Court of Appeal in the Ngāti Apa case: that there are customary rights; they are not a legal fiction or a ‘simple nullity’ as Prendergast had it. These were facts which Labour, claiming to be the natural party of Māori representation, needed a court to tell them — and they reached for the nuclear option of legislation when the court did so. This change is important because it lays the tracks for future legislative and legal events: because the review was conducted from an indigenist basis, the resultant action must necessarily take on an indigenist hue. This was the complaint levelled by all of the usual suspects when the panel was named — as if the job of assessing a dispute over historical rights and legal process could shomehow be neutrally conducted by those whose institutions were responsible for its ongoing rancour.

More than ‘One Nation’

The indigenist perspective embedded in the review process and its frame has resulted in the forthright rejection of “all New Zealanders” rhetoric and the homogenisation which that discourse implies. Diversity exists; different groups have different rights in custom and culture and in law; that reality needs to be carefully managed, not ignored or subsumed by a system which says “we all have the rights I think we should have, and not those which you value”. This is the central foundation on whcih the report and its recommendations stands. In the words of the panel:

the very real problem that arises from the populist notion of “one people” under one law is quite simply that it does not recognise – indeed denies – the fact of the ethnic, cultural and social diversity of our population, which we would argue considerably enriches rather than divides our society. […] We are acutely aware that the notion of “one people” is, in the main, rejected by Māori. Māori say that we are simply two peoples comprising one nation. They see the notion of “one people” emboldened within a western paradigm that is constructed upon those premises and values which underpin the majority culture, the effect of which is to deny their existence. Māori collective property rights have rarely been treated in law in the same way as have non-Māori property rights.

Indeed they haven’t. And there are different conceptions of property rights issues in play here — rights of heredity and customary usage. Submitter Edward Ellison on behalf of Te RÅ«nanga o Otakau:

What we’re talking about is the mana or rangatiratanga rather than what we might term title or ownership as in the narrow European concept. It just doesn’t do it justice and it can be easily turned against us.

It’s the same issue which resulted in widespread alienation of land in the half-century following the Treaty’s signature: Western legal paradigms of ownership didn’t recognise collective landholdings, so they assumed that lands were the possessions of a given rangatira (or just someone who claimed to be rangatira) to dispose of. The panel, again:

More importantly, throughout this country’s history Māori advocacy and claims have not been made on the basis of ethnicity but of inherited rights – just as non-Māori have made claims and had them met on the basis of inherited rights. Indeed, property and customary rights are not argued on the basis that people are ethnically Māori, but because they have historically inherited rights to specific areas and resources – in the same way as a non-Māori landowner is able to pass down his or her land and associated resources to their children, and so forth.”

This illustrates a point of framing which has shot clear through the discourse around the issue: most discussion is about entitlement or claims under the Treaty of Waitangi, underlined by the fact that tangata whenua have had to go cap-in-hand to the Crown and its authorities. This isn’t a matter of claims or entitlements: it’s about securing rights to resource access and exploitation which never lapsed. The ‘troughing modies’ argument simply ignores the fact that parts of the coast owned by private concerns can and frequently are passed undisturbed down through successive generations of landowners. Just because the resources in question have been handed down collectively in accordance with tikanga, and just because the holders of rights to those resources refuse to accept a Western paradigm of property rights, the claim should be no less valid. This is not to say, however, that the matter is strictly one of property rights. Fundamentally it’s a matter of adherence to the Treaty, which guaranteed tangata whenua the right to their cultural practices (part of ‘tāonga katoa’ from Article 2) which permit them to consider the issue in ways not limited to a strict property-rights interpretation imposed from without.

The excerpts above demonstrate a strong critique of the ‘one nation’ rhetoric, and the falsity of that discourse, in which a culture which is dominant both in terms of numbers and of power draws artificial and appropriative distinctions between transfer of rights and property which are deemed legitimate and those which are deemed illegitimate. This is the discourse which gave rise to Iwi/Kiwi and to the Foreshore and Seabed Act; they are cut from the same cloth. It is the discourse, and the self-serving assimilationism it represents against which the critique is levelled; not against the Pākehā establishment except inasmuch as the two are indistinguishable. Those Pākehā taking umbrage at the critique should, therefore, examine their own role in and allegiance to that discourse and the system which bred it; those who reject it and what it stands for have no cause for alarm from the review process.

Divisions within

But what’s curious is that indigenism, and indigeneity, were central to the review, and to the issue and its future solutions, but ethnicity was not itself a determinant of position among submitters to the review. The panel found that

It was not possible to categorise the submissions by ethnicity in a reliable manner. While provision was made for submitters to specify their ethnicity, this option was not always used, or people elected more than one ethnicity. In any case, ethnicity is not necessarily determinative of viewpoint; some Māori submitters tended towards what might be termed a “Pākehā world view”.

The Foreshore and Seabed dispute is not just a dispute between Māori and Pākehā, as Don Brash and Michael Laws and Chris Trotter would have you believe: the divisions are as much within Pākehā society and Māori society as between them. A ‘clash of civilisations’ paradigm here obscures what’s really happening, it does not illuminate it.

I’ll look more closely at this point, and its cultural and constitutional ramifications, in a future post (when I get time). To be continued.

L

* The same busi-ness which has rendered my posts rare and largely prevented me from participating in the frequently-excellent discussions which have emerged in response to them. Please read my absence as an interested ‘points noted’, and please don’t let my scarceness dissuade you from continuing as you have been.

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Dreams and realities

This morning at The Standard, vto* questioned how anyone can figure that the TVNZ7 ad featuring Bill English could be political advertising, since it doesn’t contain any baldly partisan political statements.

What is party political about it? Nobody has come with anything specific to support the contention – merely, “it looks political” “I know political when I see it” etc etc. Specifics folks, specifics.

Although I tend to think vto is either being purposefully obdurate or is just simply oblivious, it’s a fair question. Since in my experience he is usually genuinely puzzled rather than just shilling for the blues,** I undertook to do an analysis of the clip for his edification (or ridicule). As I said in the comments thread, you don’t create this sort of thing by accident:

This is a form which has been finely tuned and crafted over half a century to serve a very specific set of purposes — it’s a complex and very challenging medium where every frame, every word, every note is loaded up with as much subtle meaning as possible. With apologies to Tolkien, one does not just walk into political advertising.

A few basics of political discourse, first. While in the case of video, a text is made up of sounds and images, this is different from the ‘words’ and ‘pictures’ vto talks about. There is also a temporal dimension to video: editing, mise-en-scene and lighting changes, camera and focal movement, etc. which I’ll lump in with ‘image’ for these purposes. Likewise, most of the sound is spoken words, but there is also music, which is non-trivial in terms of meaning. The point is that nothing is in there by accident. When you have a limited budget and the requirement to work within a 45 second ad slot, nothing is optional or discretionary.

Given that there are images and sounds, and that they’re all there for a reason, it should be clear that there’s more to analyse than just the words and pictures, and so an apparent absence of political meaning in the words and pictures doesn’t mean the text lacks political meaning; it just means that it’s not overt (or not overt to everyone). The meaning lurks in how the various parts of the text hang together as much as in the ‘words’ and ‘pictures’ themselves. This, also, is purposeful: people are natively suspicious of political messages, and it helps to be able to communicate them via means which people aren’t accustomed to analysing closely. People are very well accustomed to interpreting political speech (‘words’), but much less accustomed to parsing video texts and the subtexts which emerge when multiple texts are intercut with each other in a dense and coordinated fashion. This is what makes video such a strong medium for political communication; why Eisenstein and Riefenstahl and Capra were given such prominent positions in their respective regimes, and why practically every US presidential election since 1960 has been predicted by which candidate’s TV coverage was the stronger.

The clip in question presents a dual narrative which appeals simultaneously to peoples’ cautious, empirical, rational side and to their hopeful, nationalistic, emotional side in order to produce a sense of hope. It is composed of two separate video texts intercut: one featuring footage of Bill English, Minister of Finance and Deputy Prime Minister; and the second of Bill English, kiwi bloke. The topic is the same, and the visual edit minimises the visual difference between the two narratives, while the voice remains constant throughout. This continuity of voice leads us to interpret the statements of Serious Bill and Chipper Bill as if they are uttered by the same person (which they are) and in the same role and context (which they certainly are not). The context is provided by the image, not the sound, and demonstrates that one person can (and should) hold both opinions simultaneously although the relationship between the two narratives is arguable. Of course, people can hold both views simultaneously (though whether they should is another matter).

The first, Serious Bill, establishes the Minister of Finance at a respectful social distance in a dark suit (with cut-ins to tie and face); the Sky Tower and the bright lights of NZ’s commercial capital in the background, a composition chosen to provide authority and credibility. This is a fairly soft form of the tycoon shot, a wealthy man overlooking his glistening domain. He speaks calmly and in technical terms, playing NZ’s economic problems with a straight bat. He uses the first person plural (“we”) throughout in order to include the audience in his statements. He looks the camera (audience) square in the face, talking directly to us.

The second, Chipper Bill, is established in a full-frame headshot, cut from a full-frame headshot of Serious Bill. This is what I mean by ‘minimising the visual distance’ between the Two Bills. He starts with “Y’know”, a commonplace employed more often to tell people what they (should) know than to genuinely appeal to shared common knowledge. This also marks a distinction between the complex, technical language used by Serious Bill and the colloquial, understandable terms and sentiments which follow. It is a relief to hear someone speaking ‘plain english’ after all that techno-jargon, right? Especially when he’s saying something we want to hear: good news about how “we can beat those Aussies”, after the bad news which Serious Bill was talking about, how our we’ve been “underperforming” when compared to them.

Chipper Bill — smiling and personable, an approachable everyman in a patriotically black polo shirt, continues to be intercut speaking in exhortative platitudes about how we just need to “back ourselves” (cut briefly to Chipper Bill gazing into the middle distance) and “apply some old-fashioned Kiwi can-do”, and so on, in response to Serious Bill’s authoritative but somewhat dry and gloomy facts. This use of “old-fashioned” is a hint of a dig at the previous government, the one responsible for “underperforming”; this dig is made a bit more explicit with the enthusiastic “we’re nearly through the tough times and things are looking up” — just leave it to good old National and everything will be well, not like that other lot, who were opposed to everything traditional, right?

The two narratives describe the reality of how things are (described by Serious Bill) and a dream of how things could be (described by Chipper Bill), as the music gradually rises in the background. The clincher, and the factor which makes this more a political advertisement than anything else, is that Bill English is the connection between the two narratives: if you accept the narrative line, he is the key to turning the dream into reality. This is essentially an overarching ‘hope’ narrative, a most powerful sort in troubled times, as Barack Obama realised, and as expressed by Drew Westen in the first chapter of his book The Political Brain, which opens with an analysis of two contrasting video advertisements for Democrat presidential candidates: one successful, for the Clinton campaign, and one unsuccessful, for the Kerry campaign. What was Clinton’s narrative? Hope.***

This ad was not about policy. Its sole purpose was to begin creating a set of positive associations to him and narrative about the Man from Hope — framed, from start to finish, in terms of hope and the American Dream. […] The ad created in viewers a vivid, multisensory network of associations — associations not only to the word hope but to the image of Hope in small-town America in an era gone by.

This “Two Bills” ad creates a similar hope narrative around the putative Kiwi Dream of “beating the Aussies” with “good old Kiwi can-do”. How could anyone not like that?

Just so you’re not starved of policy analysis, there are unstated, non-trivial National party assumptions about what’s important all through the ad too. The prime one among these is a focus on financial metrics (GDP growth, productivity growth) to the exclusion of other considerations. A Labour ad along these lines might have emphasised a balance between economic and environmental and other outcomes such as quality of life — the fact that this ad mentions no other metrics than wealth is not value-neutral or void of political meaning: it demonstrates the writer’s policy priorities and direction. As well as that, the “beating the Aussies” narrative is a core plank of the government’s current policy of “closing the gap” — it’s not policy-neutral either, but is a function of the government’s own preferences and their political strategy of measuring themselves against previous governments on metrics which favour them. And hang on a minute: are we really “through the tough times”, and are things really “looking up”? Depends who you ask; this is a matter of opinion and legitimate professional dispute among Those Who Know About Such Things, it’s not a slam-dunk even if the Finance Minister says so: after all, it’s his job to say so. And will “old-fashioned Kiwi can-do” on its own really be sufficient to bridge the significant productivity and GDP growth gaps between NZ and Australia? What the hell is “old-fashioned Kiwi can-do” anyhow, and if it were that easy, why haven’t we done it all before? The entire narrative is constructed of politically-charged assumptions, but it is formed in such a way as to discourage the audience from thinking too hard about it.

There’s one other thing, too: Plain English is Bill’s newsletter to his constituents, and it looks like the similarities don’t end there. It was a catch-cry of his 2002 election campaign. Perhaps if he’d had this production team working on that campaign he’d have won, or at least done well enough to prevent Don Brash from taking over.

So that’s a reasonably thorough teasing out of the political content of this seemingly-innocuous 45-second commercial. As I said in the comment thread at The Standard, the only thing more absurd than this ad getting made and screened with a straight face is Eric Kearley employing the Lebowski Defence when challenged on the fact that the ad quacks very much like a propaganda duck. Regardless of whether it was bought and paid for, as the more conspiratorial commentators think, or whether the use of the form was simply a (very successful) ploy to garner attention, it’s idiotic to pretend that this isn’t political advertising in function. While I tend to find industrial explanations for apparent media bias more compelling than political explanations, people like Kearley obstinately denying the bleeding obvious doesn’t make it especially easy to keep doing so.

L

* Stands for ‘Vote Them Out’, as I recall.
** What else this implies about vto I leave as an exercise to the reader :)
*** It helped that Bill Clinton was from the town of Hope, Arkansas.

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“Stolen emails”

It is nearly impossible to steal emails, because to be stealing you have to take something so that the owner no longer has it (not only blindingly obvious but also in the Crimes Act).

So if we go with the common rumour that Brash’s emails were printed out, and imagine someone with legitimate access to them made copies then it’s not theft, in fact I can’t see how it would even be criminal. Another scenario, someone forwards the emails on to someone else, again not theft, and I can’t see how it’s criminal.

The Nats know this, they know it won’t have been theft and is really unlikely to have even been criminal but they keep saying “stolen emails” over and over. They say it because it’s spin – the exact same kind of spin documented in The Hollow Men – they say it because it smears Nicky Hager and it distracts from what the emails show about their behaviour. That makes sense, that’s politics: dirtier than I’d like it to be but no more dirty that we expect from the Nats.

So the question becomes, why do the media keep repeating that National spin?