Tag Archives: Idiot/Savant

Torpedoes?

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6

Paula Bennett’s damn-the-torpedoes attitude toward the Attorney-General’s advice regarding the Bill of Rights Act — and Idiot/Savant’s observation that this is just the latest bit of policy in breach of that act — has me wondering. What happens if there are torpedoes?

What happens when a widower has his benefit cut by WINZ, having refused a work test which a woman in identical circumstances would not be required to undergo? Surely he has recourse to sue WINZ for that breach. If that’s so, and it seems like in a civil society governed by the rule of law it should be so, the government will surely open themselves up to considerable legal liability by implementing and enforcing this sort of policy (quite apart from the symbolic side of such cases getting hauled through the courts, and so on).

Can some of you lawyerin’ types out there in the internets give me a pub-argument explanation of the issues in this situation?

L

More narrativium

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9

A fortnight ago I wrote a post about how the government’s conduct in office makes them vulnerable to accusations of cronyism and a tendency to be vague about the boundary between the political and the personal. In the past week, two more events have come to light which fit this narrative.

The lesser of the two is former National minister Roger McClay winding up in court for claiming mileage and expenses from his non-profit employer when they were paid for by the parliamentary service. It’s a long time since he was in parliament, but the episode speaks to the character of senior National party members.

More egregious is the decision to appoint former National Deputy Prime Minister Wyatt Creech to stitch up Environment Canterbury, which makes a great one-two punch with the news that they want to appoint former National Prime Minister Jenny Shipley as Commissioner. Thanks to I/S at No Right Turn for joining these dots.

Christchurch Central Labour MP Brendon Burns has made his views pretty plain, and as a consequence, the scrutiny may discourage the appointment. That’s the thing about keeping an eye on cronyism: it enables an opposition to punish a government brutally for both its past and its current misdeeds, and it brings a level of scrutiny from the media and other public agencies which has a chilling effect on further misdeeds. Even aside from the partisan advantages this brings, that’s good for democracy either way. Of course, in order to take full advantage of this narrative, Labour has to come out and actually denounce Taito Phillip Field’s own corruption during his time as a Labour minister. That’d be good for democracy, too.

L

The glow of the furniture, piled high for firewood

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14

There’s been much analysis, wisdom, whimsy, and snark about Gerry Brownlee’s plans to mine the conservation estate. But rather than talk about it, I’m going to repair to a rather dubious poll from stuff.co.nz:

stuffminingpoll

Two things are interesting about this poll. First, for an internet poll, the options are uncharacteristically nuanced. This leads to the second interesting thing: these results are deeply incoherent.

I’m going to work from two assumptions (both of which are pretty arguable). First, I’m going to go out on a limb and assume that stuff.co.nz poll respondents are pretty similar to NZ Herald poll respondents and the commenters on “Your Views” and Stuff’s equivalent — putting it very charitably, let’s just suppose that they’re somewhat further economically to the right, less environmentally conscious and with stronger authoritarian tendencies than Gerry Brownlee. Second, I’m going to assume that a poll like this should break roughly along partisan lines, since it’s a government policy opposed by the opposition, part of an overall strategy to mimic Australia, a complex topic of national significance with which people generally have little first-hand experience (the sort of thing they tend to entrust to their representatives), and the poll answers are heavily propagandised using the government and opposition’s own sorts of terms.

The poll result is incoherent because it doesn’t break along (rightward-slanted) partisan lines, although it initially looks like it does. A total of about 56% of respondents approve of mining in principle, and this is roughly what I would expect given this framing, the current government position on the topic, and the demographic characteristics of this type of poll. It’s what the government is banking on in terms of support with this policy: if it drops much lower, they’ll probably back down. But where it gets incoherent is in the other two options. The third option (“too damaging to NZ’s green image”) is about what the Green party is polling, and the fourth (“National Parks are treasures”) is about what the Labour party wishes it was polling. That’s bass-ackwards, because the third option is the Labour party’s actual position on many environmental matters (even Carol Beaumont’s passionately-titled post falls back on NZ Inc. reasoning), while the fourth position is the Green party’s actual deeply-held position of principle. A second source of incoherence is the political framing of the second (most popular) question. By definition, if conservation land is mined it’s not being conserved any more.

Both Labour and the Greens have huge opportunities here, but they need to position themselves to properly take advantage of them. Labour, for its part, needs to tone back the NZ Inc. reasoning which plays into all the assumptions of the second question: that it is a simple trade-off of one type of economic value against another type and come out looking good on the margin. This is classic trickle-up politics, rationale which appeals to the brain instead of the gut. The people who are picking options one and two probably think they’re doing so on solid rational bases: more money, more efficient use of resources, etc. — but the real reasons are probably more to do with ideology (mastery of the environment) and nationalism (catching up with Australia). Labour’s best move here is to appeal to peoples’ identity: New Zealanders think of themselves as people who live in a wild and pristine country, and they like having that country to go and ramble about in (even if they hardly ever do it). The Greens could also adopt such a position, abandoning the wonkery for things which matter to people. Russel Norman tried with his speech in reply yesterday, but I swear, whoever wrote it needs the ‘G’, ‘D’ and ‘P’ keys removed from their keyboard. He needs to take a few hints from the team who got an organic farmer elected to the Senate in Montana on an environmentalist platform by telling him to stop talking about environmentalism and start talking about how much he loved the land. The Greens also need to rethink their deeply confused firearm policy, but that’s a minor thing. In a country with such a strong constituency of outdoorsfolk and wilderness sportspeople it’s an absolute travesty that the MP who represents the hunting lobby is the urbane Peter Dunne, and the only party who genuinely values wild places is represented by earnest city-dwelling vegetarians.

But Labour and the Greens can’t divide this constituency between them; they need to make this appeal positive-sum, and steal back some of those who voted option two. The way to do this is to attack the implicit logic of option two, the idea that you can mine something and still be conserving it, and to remove the idea that this sort of thing is for a government to decide, that it’s somehow too complex or technical for ordinary people to understand. This shouldn’t be hard to do — it’s a plain old political education campaign. But it requires framing and a narrative whereby reasonable people can really only bring themselves to choose the wilderness; causing them to lose faith in the assurances of the government’s “strict environmental criteria”. The narrative needs to be about who we are in New Zealand, and it needs to be one which appeals to socially-conservative rural and suburban folk who would never think of voting for earnest city-dwelling vegetarians even though they share many of the same bedrock values. It needs to be like the lyric in the title: we are burning our furniture, and that’s not what civilised people do. New Zealand is not a nation of environmental degenerates, except when insufferable environmentalist smugness forces them to choose degeneracy as the less-bad identity position.

This is an issue on which the left can win, because it’s already a pretty marginal issue for the government. It cuts against a long-standing bipartisan reverence for National Parks, and it cuts against New Zealand identity as New Zealanders see it. Even on what should be a pretty reactionary online poll, the government only wins by 6%. Turn one in six of those people around and the issue gets put on ice for good.

L

Bhadge

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4

I’ve been very busy again this past week, and so the list of things I want to write about copiously exceeds my ability to write about them. My promised post about internecine disputes is in very early draft form but I’ll try and get it finished soon. I still have a post planned looking at the wider implications of the foreshore and seabed review, but I think that’ll have to wait until after I’ve painted the roof.

yep_im_a_redneck_button-p145980559379977550q37f_400I also wanted to write a lot about the final outcome of the h debate, but find that my views have already been pretty well encapsulated by Andrew Geddis and Idiot/Savant. You should also read Scott Hamilton’s latest on the wider topic of Pākehā separatism.

Given that the decision declares both ‘Wanganui’ and ‘Whanganui’ correct, but mandates crown usage of ‘Whanganui’, there’s as clear an implicit statement as can be that the latter is more correct than the former. This has been clearly understood by TVNZ and Radio NZ, who have adopted the latter usage as a matter of editorial policy. They are owned by the crown, after all, and both just happen to be in direct competition with Laws and his media employer. Permitting both spellings but making this declaration as to primacy was a move as shrewd as it was elegant by Maurice Williamson — similarly to John Key’s decision to permit the flying of a Māori flag if only Māori could agree on one. Michael Laws, Tariana Turia and Ken Mair have all claimed victory, so everyone with an actual stake is nominally happy. The Standardistas and the KBR are furious, which is a pretty good sign. It obviates the strongest symbolic position occupied by Laws, the idea that Wellington is coercing Wanganui into doing its PC bidding. Wellington need not — the rest of the country will do that, because the use of the no-h word will be an identity marker, a statement, like a badge; not quite “Yep, I’m a redneck” but something approaching it. The thing is that Laws and his rump of greying die-hards do not simply face a disorganised and discredited bunch of radical natives; they find themselves standing against the inexorable tide of civil society and its evolution, a youthful and browning population for whom biculturalism is the norm and separatism stopped being cool a generation ago (if it ever was).

Who knew that all Michael Laws wanted for his cause was an emasculating partial endorsement and a prolonged death sentence? He could have saved everyone (and his own reputation) a great deal of trouble by making this plain at the beginning. In other circumstances, I would be angry about everyone having been taken for a ride — but as it stands, I’m mostly just quietly pleased that civil society’s tendency toward self-correction will be left to do its thing.

L

Goff is the new Brash

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23

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

Winner does not take all

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9

Peter Shirtcliffe is furious (audio), and well he might be, because the government’s plans for electoral reform are eminently sensible, subject to wide bipartisan support, and most critically, not at all hasty. This is electoral reform done right: for change, a majority of voters must reject the status quo system outright at two consecutive general elections, with plenty of time for reflection, consultation and campaigning before each.

Shirtcliffe’s proposal for a one-off vote on which electoral system to use at the 2011 election makes only one concession from his holy grail of government decisiveness: he thinks it should be preferential. His scheme aims to deliver that grail to his beloved National party wholesale and for good, by springing fundamental constitutional change upon the NZ electorate with less than two years’ notice and discussion, with no societal safety net, no cooling-off period, no opportunity for reflection. It would turn the time between now and the 2011 general election into an all-out propaganda war for the future of democracy in New Zealand, a war in which the National government and its allies hold all the strategic ground: unprecedented popular support and an opposition at its nadir; confused and rebranding environmental and social justice movements; the recent memory of an unpopular and dysfunctional government which represented all that people thought was wrong with MMP; a political environment in which many people will simply vote for what That Nice Man John Key recommends; and an anti-MMP lobby which is practiced, prepared and very well-resourced. Shirtcliffe’s careful circumspection — refusal to express opinions on such matters as what system should be adopted, and how campaign funding should be managed — and flattery of the plebiscite (“we’ve got an intelligent electorate out there”) seeks to hide this behind a high-handed neutrality of purpose, masking the fact that the process he advocates yields his own cause very great advantages.

Shirtcliffe’s decisiveness imperative insists that the winner must take all, in elections and in constitutional reform as in heavyweight boxing: a few ceremonial minutes in an enclosed space which determine who is the winner and who is the loser, and all that happens in between bouts is meaningless hype. It is not a democratic model, it is not a consultative model, it is not a model which gives adequate consideration to the views and opinions of the electorate at large; far from respecting electors as intelligent and capable actors, it reduces politics for the individual voter to a single, somewhat inconvenient event which happens once every three years, or in the case of something as important as changing the electoral system, once every generation or so if we’re very fortunate. Fortunately for New Zealand, and indeed to the great credit of the National party, he has been denied. The proposed framework should yield a legitimate and durable result, and one which should be supported even by those whose preferred option is not selected.

There’s much which could go awry yet, but this framework is as good as we could hope for. Idiot/Savant’s assertion that “if we want to protect MMP, its not enough simply to vote for no change in 2011 – we also have to chuck out National, just to be on the safe side” seems a little overwrought — National under Key has taken to MMP like a duck to water, learning to play both ends against the middle in a way the Clark government never did. And although there have been some recent cat-herding problems to do with keeping errant ministers in line, and around the rugby world cup, I can’t see a desire to return to the bad old days of one party rule. I do think National will campaign hard for SM as an it’s-the-same-really-only-better option, and this provides Labour and the Greens a good opportunity to differentiate itself — by pushing for MMP-as-it-is-now, or MMP-with-some-changes; although it must be said Labour aren’t behaving much like MMP-aware political actors these days. A larger threat from the National party, I believe, is the possibility of rolling the abolition of Māori seats into the new electoral system, or choosing to support an electoral system in a second referendum which (they may claim) renders the seats obsolete. This will be a strong wedge, and will enable National to frame the debate in terms beneficial to its own interests.

I await the further propagandisation of electoral systems with interest. Meanwhile, I/S’s conclusion is unarguable: “we need to make it clear to both parties: our democracy is non-negotiable.” And I’m still interested in peoples’ responses to the question: what kind of electoral system do we actually want?

L

Hōiho trading

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16

So much of Labour and the economic left’s criticism of the māori party and its conduct in government with National is little more than the howling of self-interested Pākehā angry that the natives aren’t comporting themselves in the approved fashion. But in this case, criticism of the māori party’s support for National’s amended ETS is entirely justified — not because it goes against the principles of the labour and environmentalist movements, but because it goes against the māori party’s own stated principles and demonstrated political strategy. Idiot/Savant has a thorough fisking of the differences.

Whereas previous criticisms have mostly been leveled at the māori party for trading away tactical gains against strategic gains (going into government with National; refusing to quit any time National capitalised on its majority; etc), this decision sacrifices the strategic for the tactical, swapping a few relatively token benefits to some industry sectors in which Māori have strong interests and to low-income people among whom Māori are strongly represented, against a huge intergenerational moral hazard by which the general populace will subsidise emitters, robbing the general tax fund of revenue which could otherwise have been channeled into targeted poverty relief and social services, of which Māori are among the most significant consumers. The upshot must surely be the Foreshore and Seabed; but this seems to me a very heavy price to pay for a concession which seemed likely to go ahead in any case.

While the māori party is not — and Māori are not — ‘environmentalists’ in the western conservation-for-conservation’s-own-sake sense, a core plank of their political and cultural identity is rooted in their own kind of environmentalism, and by acceding to an ETS which does not enforce carbon limitations on industry and society, they have put this role in jeopardy and severely weakened their brand and alliances.

There is a silver lining in this for Labour and the Greens, however. The māori party’s deal has prevented Labour from succumbing to a similarly tempting compromise on the ETS, and it can retain its relatively high moral ground. Labour and the Greens now have a clear path on which they can campaign for the 2011 and future elections, a definite identity around which to orient their policies, and the real possibility of significant strengthening of the ETS in the future. Where this leaves the māori party I’m not sure; no doubt those who shout ‘kupapa!’ will be keen to consign them to the annals of history, but I don’t think redemption is impossible — especially if the māori party shepherds the FSA review through to its desired conclusion, it will remain a political force too significant to be ignored.

L

Sovereign Democratic Realism

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13

2003849206Via Scott Yorke’s excellent Imperator Fish, pics of Russian Prime Minister Vladimir Putin’s Siberian vacation photo-op.

The wider photoset (you’ll have to google around for all the photos, since each website only contains part of the set) is a strong statement of Russia’s new national identity as a fit, keen, ruggedly independent nation which is the master of its own destiny, answerable to nobody. Vladimir Putin idealises Russia as it wants to see itself.

The wider campaign propagandises Putin’s adopted doctrine of Sovereign Democracy, essentially ‘we call our system democracy, so democracy it is’. It fetishises Putin’s personal capability and authority; his command over nature, his idolisation by ordinary Russians (even those thousands of miles from Moscow), his statesmanship. Closely resembling what I/S calls Heinlein’s psychopathic frontier barbarism, Putin rides horses, treks in the mountains, fishes in a wild river, pilots a fast boat, builds a fire, helps rescue a beached whale, comforts an Ingushetian politician injured in a suicide bombing, works in a metallurgists’ plant, gives orders as to a train crash, visits a political youth camp, meets Alexander Solzhenitsyn’s widow, and shares tea with the locals. All with the cameras in attendance (and in some cases, with the sound guy in-shot – no attempt at pretending it’s not a propaganda exercise).

There has been much speculation as to the import of this photoset, ranging from the suggestion that, by appearing bare-chested in the outdoors on a holiday with the Prince of Monaco, Putin is sending a signal of tolerance about homosexual rights, referencing Brokeback Mountain. The semi-official spin, naturally, is that it’s simply a demonstration that Putin knows how to relax – a signal that he will retire peaceably at the end of his second term as Prime Minister.

I am not so convinced. This lays the groundwork for a perpetuation of Putin’s role as Russia’s eminent statesman of the 21st Century, and in a much more subtle and compelling way than either Hugo Chávez or Manuel Zelaya’s clumsy attempts at circumventing constitutional term-limits. The key to sovereign democracy is its illusory consent – the appeal to Russian independence, strength, unity and capability which Jonathan Brent and others have argued (audio) present the danger of sliding back to a new form of Stalinism, even with the support of those who would suffer under such a system. This is a strong warning to Dmitry Medvedev, who has criticised ‘sovereign democracy’ as a form of authoritarian doublespeak, and to the Russian people that if a ‘real’ leader is needed, one exists. Former KGB officer Putin, here, is presenting himself as another Man of Steel.

L

The role of the judiciary is to judge

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11

There has been much wailing and gnashing of teeth over Dame Sian Elias’ remarks about the prison muster. Nevertheless, this is what Chief Justices (and their equivalents elsewhere) do from time to time – make pronouncements about the law and the state of the justice system, which carry no policy mandate but tend to get people talking.

I would note that the speech was much broader and more considered than ‘let the prisoners go free’ as it has been dramatised. But that Dame Sian has made a pronouncement so far out of step with government policy and public consciousness demonstrates either a remarkable sense of personal responsibility for the justice system or a desire to legislate from the bench.

There are three ways to slice it:

  1. The judiciary is right to involve itself in this sort of thing and you agree with the position taken
  2. The judiciary is right to involve itself in this sort of thing and you disagree with the position taken
  3. The judiciary is wrong to involve itself in this sort of thing, and should stay the hell out of wider matters of justice regardless

I’m the first, with Toad and most commenters on Eddie’s post on The Standard. Labour Justice spokesperson Lianne Dalziel is too. In another case I might be the second. Danyl Mclauchlan seems to be either in the first or the second; Idiot/Savant and Bomber are clearly the first; Madeleine Flannagan, herself a lawyer, seems somewhat grudgingly to be in the second camp. Peter Cresswell definitely is.

But it’s tricky; the third is a cover for the second. I think Simon Power and Garth McVicar (along with DPF and some stalwarts of the KBR hang’em-flog’em brigade) are taking the third position for rhetorical purposes when, if they were honest, they’d be defending the right of the judiciary to participate in NZ’s discourse of criminal justice but disagreeing with Dame Sian’s argument in this case – the second position. Dean Knight points out that, when it suits, the government does actually consider the judiciary’s views as integral to justice policy.

If the particulars of the Chief Justice’s speech had been different, I reckon they’d be singing from a songsheet other than the one which reads ‘butt out, you lily-livered liberal panty-waist’. Perhaps the one which reads ‘I disagree with your position but, as the head of NZ’s judiciary, you are entitled to take it’.

The flipside, I suppose, is whether those of us who agree with Dame Sian’s general position today would be supportive of her right to take it if we disagreed. We should be; all of us.

Edit: Andrew Geddis is in the first position; Stephen Franks is in the second.

L

Ink by the barrel

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10

There’s an interesting range of responses to the Tony Veitch guilty plea of reckless disregard causing injury to Kristin Dunne-Powell, his conviction and sentence to a fine and community service.

Some are baying for blood. The KBR aren’t quite unanimous that he should go to jail, but they’re close (though there is a foul stench of `men have rights [to kick the shit out of people who don’t behave]’ as well). Haiku Dave is particularly grim:

should have got jail, then
he’d know what it’s like to be
attacked from behind

Idiot/Savant is arguing it’s Bruce Emery all over again (and he’s not wrong). Commenter Alison at The Hand Mirror shows some sense, figuring that if prison isn’t a good thing for a random violent offender, it’s not going to be a good thing for Veitch either. Heather Henare, of Women’s Refuge, is similarly cool-headed. The Herald’s Your Views is divided, as are the talkback hordes. A particularly inspired friend and colleague of mine suggested he be made to front the ACC back injury ad campaign, needing to stand on a rickety chair or somesuch in order to reach something up high. Humiliation comes in many forms.

Judge Doogue told told Veitch he was the architect of his own misfortune, and I think that if he does genuinely intend to take legal action against the media for their treatment of the case this past year, then Tony Veitch will also become the architect of his own humiliation. The facts of the case are fairly simple: there is no possible justification he can give for his attack on Dunne-Powell, no argument he can make which will put him on the side of right, and any moral high ground he tries to occupy will come under sustained fire from more sources than he and his team of lawyers can possibly afford to shut down because public sympathy toward celebrities evaporates pretty rapidly when they are seen to be taking advantage of their celebrity status. At this point anything Tony Veitch says or does will play against him. If he tries to smack down the media establishment, any publisher who chooses to fight gets the chance to put the whole stinking mess on the public record. Tim Pankhurst, if he were still editor of the Dominion Post, would pick it up in a moment out of sheer bloody-mindedness. Veitch might be planning to go back to work for The Radio Network, and that might mean APN goes easy, but that’s a great risk to them – while NewsTalk ZB and Radio Sport might not need to demonstrate their lack of fear or favour, the NZ Herald surely does.

My advice to Tony Veitch: keep your head down and take your lumps like you made Kristin Dunne-Powell take hers [though you deserve yours, and she didn’t]. If you want to show us you’re better than we think you are, there is no short-cut, no easy atonement which you can buy or create from words or gestures. You can’t fix this by becoming a legal bully as you are (or were) a physical bully. If you genuinely want to be known and recognised as a good and righteous person, then the time to undertake good and righteous action is now. For your own sake if for nobody else’s.

L