Tag Archives: Marine & Coastal Area (Takutai Moana) Bill

White Queen

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Andrew Geddis has a good post up on Pundit about Hilary Calvert and her apparent ignorance of the Humpty Dumpty scene from Through the Looking-Glass.

The extent of Calvert’s idiocy being so egregious, it seems a mite churlish to point out — in addition to failures of basic logic and lawyerly literary culture — the flaws of historical and legal reasoning in her now-famous speech on the foreshore and seabed topic. But Calvert dug her own pit when she wittered on about tangata whenua “crawling on the seabed” like some sort of primitive bottom-dwelling life forms, holding their breath for the better part of two centuries, and the length of a cannon-shot — and the following can’t go unmentioned. Despite being a big-city property lawyer, Hilary Calvert apparently hasn’t done the first bit of research into the basic legal history of this particular property-rights debate. The Muriwhenua report of the Waitangi Tribunal (Wai 22), one of the mechanisms which resulted in fishery rights being vested in various iwi (the “Sealord deal”), is a very well-known and documented case, and covered the matter of indigenous control of coastal waters in considerable detail. Its findings were robust, and were summarised as follows in the report of the Foreshore & Seabed Review Panel:

The Tribunal, which heard detailed evidence on that particular district, concluded that there was an ‘inner’ zone related to the continental shelf, stretching 12 miles out from shore. The hapū and tribes of Muriwhenua had full control over fishing and passage inside that zone. They claimed the same rights further out, but only insofar as they could be enforced against challengers. In the ‘Māori idiom the hapū and tribes of Muriwhenua held the “mana” or “authority” of the whole of the Muriwhenua seas’ within a minimum of the 12-mile zone. The nearest British cultural equivalent, the Tribunal found, ‘is to consider that they exercised “dominion” over that part, or “owned” it as part of their territorial waters’. We accept this view that Māori tribes had dominion over their territorial waters as at 1840, and that in the particular circumstances of the Muriwhenua district, it extended for at least 12 miles out to sea.

So neither Calvert nor anyone in the ACT research unit who checks speeches for accuracy (yeah, permit me a little poetic liberty) has even read the definitive public document from which this replacement law has emerged — let alone attained even a passing familiarity with the basic historical situation which underpins the argument around customary property rights to the coastal marine area. ACT don’t even understand the legal situation regarding the foreshore and seabed review; they oppose it viscerally, without even really knowing or thinking about why. Let me be clear: there are good reasons to oppose the passage of this bill. Although I don’t personally agree, I’ll even go so far as to say that there could be good, principled reasons to oppose this bill because it goes too far in compensating tangata whenua. The reasons being stated by ACT in general and Hilary Calvert in particular are not such reasons, by any meaningful standard.

ACT’s position prior to this week was bad enough; this week it has degenerated into farce. In Through the Looking-Glass the White Queen believes six impossible things before breakfast, and lives in backwards, looking-glass time. On the basis of this performance one has to wonder whether Calvert, once apparently a pretty sharp operator, is finding that her faculties of critical and professional reasoning are becoming atrophied. Though, as someone on Danyl’s blog remarked yesterday, it pays to remember that she was ranked below David Garrett on the party list.

L

Shame on the Herald

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… for trying to run game on New Zealand, scaremongering the Foreshore and Seabed hÄ«koi:

That was on page four of the dead tree edition, and online here, under the headline “Opponents put up roadblocks to bill”. Use of this outrageously unrepresentative photo makes a number of unjustified implications which aren’t present in Claire Trevett’s generally factual and balanced article. These include:

  • Most obviously, the suggestion that the marchers are gang members, with the implication of violence and public menace that creates, despite the fact that the march was peaceful having been mentioned in the opening sentence of Trevett’s article;
  • Creation of a general equivalence between Māori protesters and gang members, with all the racism that implies;
  • The suggestion that opponents of the foreshore and seabed legislation are acting on a separatist “black power” imperative, when the article makes clear that the opponents mentioned in the headline are an ideological grab-bag consisting of the ACT and Green parties, and Hone Harawira;
  • The suggestion that the marchers are literally blocking roads, when the article makes clear that the roadblocks referred to in the headline are metaphorical, and little more than the usual sort of procedural delaying tactics employed in Parliament to drag out the progress of a bill — in this case until next week, when the hÄ«koi reaches Wellington.

The core message of this choice of photo to accompany what is mostly a story about the trivial frustrations of a government trying to pass an unpopular law is this: Māori radicals and gangs are forcibly blocking this law, and they will block you from the beach as well.

It would be absurd if it wasn’t so offensively misleading.

(via Pascal’s bookie)

L

Gulp!

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ACT MP and lawyer Hilary Calvert, on the Marine & Coastal Area (Takutai Moana) Bill, in Parliament last night:

“Historical use of the seabed any significant distance from the shore seems impossible to prove, and allowing for title over it to be granted over it to iwi allows for unjust and potentially divisive future claims. No one historically crawled about on the seabed miles from shore. There was just no chance of anybody holding their breath from 1840 til now on the seabed. It’s not gonna happen.“

(My emphasis.)

Once again, I think we all owe a debt of gratitude to the ACT party for illustrating so plainly to us what — and how — they really think.

L

Isolated

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This brief report from Radio Waatea brings into crispish focus a few issues regarding the māori party’s support for the new Marine & Coastal Area (Takutai Moana) Bill, and perceived collaboration with the National-led government against its constituents’ own interests:

Sharples upset at Maori Media Ingratitude
Maori Party co-leader Pita Sharples says he’s disappointed at the heat coming on him from the Maori media over the Marine and Coastal Area Bill.
Criticism of the bill by iwi such as Ngai Tahu and Ngati Kahungunu and from Taitokerau MP Hone Harawira has been extensively reported.
But Dr Sharples says it’s better than the existing Foreshore and Seabed Act, and the Maori media should reflect that.
“They forget we’re there on their side to do stuff for them. Instead of sort of helping us knock down the barriers, they try to knock us down as the barrier. And yet without as it were the initiation of us in there, there would be no efforts at all and in the context of past Maoris in government, we have really achieved outstanding results,” he says.
Dr Sharples says the Maori Party hasn’t got enough credit the whanau ora welfare delivery model and for his rehabilitation units in prisons, which will open next year.

Sharples is right in several important respects. The role the māori party party has played in getting take Māori and tino rangatiratanga on the government agenda has been crucial. The māori party really does have a unique claim to an “authentic” kaupapa Māori politics, and this should make Māori media such as Waatea, Māori Television and TVNZ’s Māori programming division (which produces Te Karere and Marae) should be strongly sympathetic towards their policy programmes. Should, I say, if the end policy result was seen to be consistent with those kaupapa.

But these agencies do not owe the māori party any favours. As media outlets their job is not to shill for a party line but to present a considered view of current events in context, and by reporting the deep dissatisfaction within Māoridom regarding the MCA bill they are doing just that. Māori media have generally shown a strong commitment to independence and impartiality — which is a particularly tricky thing to do given their cultural focus — and their coverage of the māori party’s policy platform is simply an extension of that commitment. Long may it continue, and would that it were more broadly shared.

What this episode really illustrates is the extent to which the māori party is isolated from its support structures with regard to its position on the MCA bill. Just as the party has failed to persuade its own constituency, and indeed its own caucus, that the MCA bill is worth supporting, it has failed to persuade the only media establishment which might be sympathetic to its cause as to the merits of that cause. All this illustrates one of two things: either the party is way off base; the strategy of supporting the bill is bad for Māori and Māori know it; or that the strategy of supporting the bill is actually a great deal better than anyone knows, but the party has largely failed to articulate this.

I know which I’m tending toward, and I invite readers to argue their case. But no matter which you believe, I think it’s clear that attacking the media is neither a mature nor a useful response. Successful actors in modern democracy lead the media, like they lead their electors — in the knowledge that both must follow willingly, by consent (however grudging), or not at all. If, as a politician, you ever find yourself running a sustained campaign of trying to shove either the media or your constituents in a certain direction against their will, berating or harassing or whipping them for their stupidity or intransigence or for simply failing to follow instructions — then you have very probably already failed.

L

Class, identity, solidarity and dissent

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Recently commenter Tiger Mountain raised the parallel between solidarity with Actor’s Equity regarding The Hobbit and support for the māori party given their coalition with National and sponsorship of some bad legislation. I explained how they’re not equivalent, but leaving aside the main difference of mandate (which the māori party has and AE doesn’t) the wider issue of critical solidarity is an important one, and one which has been raised several times recently. In the wake of The Hobbit fiasco matters of class, identity and solidarity are high in everyone’s minds, and I think in spite of our many differences, we can agree that’s a good thing.

Another contribution to the wider debate is by Eddie at The Standard. For once I find myself agreeing with Eddie’s opening sentence about the māori party, which is:

The problem with any identity-based political movement is it pre-supposes that the common identity of its members surpasses their conflicting class interests.

It’s true, although I would have phrased it as follows:

The problem with any class-based political movement is it pre-supposes that the common class of its members surpasses their conflicting identity interests.

I wrote at length about this dynamic tension at a time when it looked like Labour was going to force Māori to choose between their class identity and their identity as tangata whenua — and how foolish forcing such a choice would be. (It’s still not clear whether Labour has abandoned it, but it at least seems obvious that they don’t have a full-blooded commitment to the blue collars, red necks strategy. But that’s by the way.)

What tends to follow from statements like that one is a series of value judgements about which set of interests ought to take precedence. This can be valuable, but is often tiresome, particularly when those making the pronouncements are “fighting a corner” for only one half of the equation (usually, it must be said, the “class” corner). But Eddie has mostly (not entirely) resisted the urge to do so and focused on the internal dispute within the māori party, and in particular the rather dictatorial stance taken by Tariana Turia regarding opposition to the new Marine & Coastal Area (hereafter MCA) Bill. That’s an important debate and examination of it is valuable, but what’s not really valuable is Eddie’s attempt to frame Turia’s stance as a matter of māori identity v class identity. It’s not. It’s a matter of the tension between moderate and radical factions within the movement; part of the internal debate within Māoridom.

Class is an element of this internal debate, but it is not the only element, and I would argue it is not even the predominant element. I think it’s clear that the conciliatory, collaborative, third-way sort of approach to tino rangatiratanga taken by Turia and Sharples under the guidance of Whatarangi Winiata (and whose work seems likely to be continued by new president Pem Bird is the predominant force. I also think the main reason for the left’s glee at the ascendance of the more radical faction is largely due to the fact that there’s a National government at present (and recall how different things were when the boot was on the other foot from 2005-2008). Those leading the radical charge against the MCA bill — notably Hone Harawira, Annette Sykes and Moana Jackson (whose primer on the bill is required reading) are not Marxists or class advocates so much as they are staunch advocates for tino rangatiratanga, who oppose the bill not so much for reasons based on class, but for reasons based on kaupapa Māori notions of justice. The perspectives of all three are informed by these sorts of traditionally-leftist analyses, but those analyses are certainly not at the fore in this dispute (as they have been in some past disputes). In fact, the strongest (you could say “least refined”) Marxist critiques of the bill advocate for wholesale nationalisation of the F&S, unapologetically trampling on residual property rights held by tangata whenua in favour of collective ownership.

For Eddie’s caricature of the dispute as “identity” v “class” to hold strictly, Turia, Sharples, Flavell and Katene would need to occupy the “authentic” kaupapa Māori position, the legitimate claim of acting in the pure interests of mana motuhake and tino rangatiratanga; while Harawira, Sykes and Jackson (among others) would need to be largely denuded of this “identity” baggage, and be more or less pure class warriors. Neither is true; Harawira, Sykes and Jackson’s critique of the bill isn’t a Marxist critique; they’re arguing that the bill doesn’t serve the imperative of tino rangatiratanga and is therefore not an authentic kaupapa Māori position; an assertion that Sharples has tacitly accepted with his response that the Maori Party must accept compromise. (This is true, of course; I agree with Sharples and Turia as far as that goes. I just disagree that this bill is the issue upon which to compromise so heavily. Because of that, I come down on the side of Harawira, Sykes and Jackson.)

The other misguided thing is how Eddie frames Turia’s insistence that Harawira and others adhere to the party line as some sort of manifestation of Māori over class identity within the party — the quelling of dissent and insistence on loyalty to the leadership elite’s position as a “Māori” way of doing things, opposed to a “Left” way of doing things. This is absurd. The “left” does not automatically stand in defence of dissent or the public airing of heterodox views, much though Eddie (and I) might wish that it should. As I already mentioned, this is shown by Labour’s response to Turia in 2004 and the māori party’s first full term, suspicious at best and hostile at worst. The AE dispute is also an excellent illustration. In that case, the prevailing, “authentic” left position (including that taken by many writers at The Standard, though not — as far as I can recall — by Eddie) was to insist on total public solidarity with the union. In other words, precisely what Turia is insisting upon. I disagreed with this position in AE’s case, and I disagree with it in the māori party’s case. Dissent of this sort (or the imperative of its suppression) is not some innate part of “the left”, nor is it absence a characteristic of “identity politics”. It can exist or not in movements of either type, depending on the merits and specifics. It’s my view that such dissent is the beating heart of a movement, and it is peril to quash it. It is a shame that Turia seems to be making the same error as Helen Clark made regarding this issue in 2004.

But despite these objections, ultimately I agree with Eddie about one other thing: the dispute is really interesting, and the emergence of radical critiques and challenges within the movement is exciting and important. The māori party has a mandate to agree to the MCA act as drafted; after all, according to Edmund Burke’s famous saying, representatives owe their constituents not only their efforts but their judgement on what is just and right and possible. They’re not elected to always take the easy route of political martyrdom, and because of this they may find themselves staring down their constituents. Sometimes they may win. But nowhere are representatives guaranteed that those constituents must not try to stare back. If those who oppose the bill can raise a hÄ«koi in support of their cause, then let them do so, and more strength to their waewae. And let members of the “left” movements, if their enmity to the bill is genuine, rather than a reflexive attack on a National-led government and the māori party orthodoxy which supports it, march alongside them in solidarity. That will be some sort of justice.

L