Between the Devil and the deep blue sea


(Image, “Road to Hell”, stolen from Alexander West.)

And I did not mean to shout, just drive
Just get us out, dead or alive
The road’s too long to mention, Lord, it’s something to see
Laid down by the Good Intentions Paving Company
(Joanna Newsom)

John Key’s government is starting to play for keeps after a year and a bit warming up. There have been a few clear examples of this, including the aggressive tax and service cuts in Budget 2010, and signs pointing to privatisation in the not-too-distant future. Less orthodox is the recent hardening of the government’s position on take Māori.

Key was not punished for his calculated snub of TÅ«hoe, and it seems the success has emboldened him to flip the bird to an even larger Māori audience, saying two things: that Māori can take or leave the government’s public domain proposal for the Foreshore and Seabed; and that by “Māori” he means “the māori party”. It’s these things I want to discuss, and they need a bit of unpacking.

Pragmatism and principle
Conventional wisdom on the Left is that Key’s blowing off Māori is (either) paying the red-neck piper, or a genuine manifestation of his (and the government’s) own racism. I think it’s neither and a bit of both. On the second bit, I accept that the National party’s history on Māori issues is broadly racist inasmuch as it hangs on a “one law for all” rhetorical hook whilst systematically opposing measures which safeguard the equal application of those laws to Māori, but I think this is down to the casual racism of privileged ignorance rather than the malicious anti-Māori sentiments of Orewa. Key’s politics, I am convinced, consist of a thick layer of pragmatism on a thin frame constructed of a few very strong principles. The principles are not the bulk of his politics, but they strictly delineate the extremes of what he will and won’t accept. Fundamentally on cultural issues he’s a pragmatist, and doesn’t much care either way as long as he’s getting his. But there is a solid core there which is only so flexible, and changing the ownership status of huge tracts of land (whether by Treaty settlement in the case of Te Urewera or by nationalisation in the case of the Iwi Leadership Group’s suggestion regarding privately-owned sections of the Foreshore and Seabed) is too much of a flex. There are good principled reasons for National to oppose such a scheme, and for this reason I don’t think he’s pandering to the redneck base so much as preserving what he perceives to be the National Party’s immortal soul: cultural conservatism and the maintenance of material property rights. Although I broadly disagree with the reasons, and the decisions, I wish that Labour had done as much to preserve its own immortal soul in 2004 and 2005.

“One law for all”
While I’m on record opposing a “public domain” resolution of the Foreshore and Seabed because it’s a solution of convenience rather than one born of any deep consideration of the issues in play, I have a little more time for Mark Solomon’s suggestion that if Māori are to give up nascent property rights to the takutai moana, those already holding such property rights ought to be obliged to do the same. I’m not convinced by arguments from PC and DPF to the contrary. PC’s argument, that iwi and hapÅ« ought to have full common-law recourse to test their claims as permitted by the Court of Appeal ruling in favour of Ngāti Apa has more merit than DPF’s, but I still consider it a poor option since there is a high likelihood of a culturally and politically repugnant outcome which would lack durability and further inflame racial hatred. Contrary to DPF’s claim that Solomon’s position is unprincipled, Tim Watkin argues that it’s actually a pretty good representation of “one law for all”. It would ensure that existing landowners — most of whom happen to be Pākehā — are not grandfathered into a new scheme simply by virtue of having bought land which may or may not have been legitimately acquired from whomever it was bought, while iwi and hapÅ« — who happen to be exclusively Māori — are forced to give up their rights. I argued much the same thing a few days ago, and I’m pleased to see someone else thinking along the same lines. While the whole Foreshore and Seabed going into public domain is worse than Hone Harawira’s proposal that the land be vested in customary title with ironclad caveats because it strips away rights rather than granting them, it does have the advantage of stripping those rights equally, rather than on the basis of largely racial discrimination.

There is another, economic, point in play: if land not presently in private ownership is placed in the public domain and declared inalienable, the increased value of those few freehold, fee-simple property rights which do exist at present will have a phenomenal distortive effect on the property market and on New Zealand’s social structure, with the inevitable result that almost every scrap of it will end up in foreign ownership. We will then have the perverse and incoherent result that most of the beaches will be owned in common — but those which aren’t will be the exclusive domains of ultra-wealthy foreigners. Whether this is a good or a bad thing is a fair point for debate, but I think this fact will grant Solomon’s proposal considerable appeal to the broader New Zealand public, especially among those who do not — and even at present prices, could never — own waterfront property.

Just who are these “Māori”, anyway?
As I noted above, Key has been clear that he cares not a whit for the Iwi Leadership Group’s views on the matter: he considers that the māori party has a mandate to negotiate for all Māori and the decision is theirs. This is strictly almost correct: they do have a such a mandate, and whatever they decide will be broadly regarded as legitimately representing “Māori”, to the extent that the decision accords broadly with the views of Māori as expressed by their various civil society agencies. This proviso, missing from Key’s glib assessment of the political situation, is crucial. By omitting it, Key aims to drive a wedge between the party and those civil society agencies — chief among them the Iwi Leadership Group convened for this very purpose — from whom they ultimately derive their electoral mana. The māori party, frequent howls of “sellout!” from the Marxist left notwithstanding, do regularly test their policy positions against these stakeholder groups, at hui, and in their electorates. This makes them particularly secure in terms of their support, as long as they act in accordance with their supporters’ wishes. I have long criticised the howlers for misunderstanding just what it is that the māori party stands for, and their mischaracterisation of the party — plump buttocks in the plush leather seats of ministerial limousines, representing “big brown business” — is similarly a wedge, of a slightly different hue. But this issue is the test. Without the support of the Iwi Leadership Group, it’s hard to see how the māori party could maintain its claim to a mandate.

Crossroads
Which brings me to the verse at the top of this post. This issue has deteriorated to the point that the National government — like the Labour government before it — issuing public ultimatums to Māori and prejudging the case by claiming to speak for the māori party’s position. That is not mana-enhancing for a coalition partner which has showed enormous patience and swallowed almost innumerable dead rats in exchange for largely symbolic concessions. This breakdown of diplomacy on its own is not sufficient to call time on the coalition relationship — that comes down to the merits of the choices available, and the proposal simply isn’t enough. I have long defended this approach on the basis that the big issues were still to play out — but the loyalty and commitment shown by the māori party, in the teeth of furious criticism from enemies and allies alike, must be rewarded. A Whanau Ora pilot programme simply isn’t enough. This road was paved with good intentions, and there was a chance it would lead elsewhere than where it did — a chance which had to be taken but which, barring a swift change in the government’s position, seems to have proven unfounded.

If the government holds to its ultimatum, the māori party must turn around and walk back into the light. On this I agree with Rawiri Taonui (audio). The party will lose much more by abandoning its people and agreeing to a Faustian bargain than by simply failing to negotiate the repeal of the Foreshore and Seabed Act, which realistically was a nearly impossible task in any case. And even if the party did support the bill, it would not mean the end of the struggle. As Taonui says, although they might have the numbers to pass the legislation, the government’s solution will have no legitimacy or durability in practice without the support of the ILG and those it represents. Where there is injustice, resistance will seep out around the edges. If the issue of the takutai moana remains live, the party can continue to advocate for a just and enduring solution, and the ILG’s proposed solution opens a potential route for re-engagement with the Labour party. All is not lost.

The big question — as I asked in r0b’s excellent thread the other day is: what will Labour do?

They can sit back and say “I told you so” to the māori party, hoping they will fold, or they can make a better offer and hope the māori party will become more inclined to work with them. I can see how either would be a reasonable tactical position in terms of electoral numbers, even though the former course of action would continue the erosion of Labour’s historically liberal and Māori support. But there’s also a real danger the party will do neither, or will attempt to do both and fail at doing either, such as by arguing that the FSA was actually not that bad after all. That would be a tragedy.

The whole world’s watching. I have to say Shane Jones, who the party desperately needs if it is to have credibility on this issue, hasn’t helped dispel the predominant impression of Māori politicians held by the New Zealand public.

L

Current events

I was reluctant to post while I had the chance on ANZAC day, since there was such a good debate going on, and now I’ve (temporarily) run out of time again. So just a few quick observations.

  • Phil Goff’s one-two punch on the top tax rate and Auckland governance is solid, and both are good orthodox Labour positions for him to take. But it’s more of the same: lacking verve and failing to get cut-through as a consequence. I mean to post on the positioning of the taxation pledge at some stage, but in case I don’t get to: this is a good opportunity for Goff to demonstrate compromise as well as differentiate himself, by coupling a reimplementation of the top rate with an increase of the threshold.
  • Even without Sunday’s tragic helicopter crash, Goff’s timing was poor in making these two announcements before ANZAC Day. I guess you take the opportunities you can get, but delaying things by a week would have been more useful in my view.
  • As an aside, my mum knew the three late airmen vaguely through Search and Rescue, and confirms the universal sentiment that they were of the very best sort. I’m pleasantly surprised that the crash hasn’t turned into a witchhunt about why we’re still using Vietnam-era hardware; as true as the sentiment might be, we can all do without people thundering “if we’re going to have a military, we owe it to our troops to have it decently-outfitted” under circumstances such as these. Such is the power of ANZAC day, I suppose.
  • On a related point, the discipline with which the military, government, police and media have adopted the Air Force’s framing terminology in this event is remarkable. All four groups are talking about “the Air Force family” and exploiting the metaphor for all it’s worth. Those words are used almost every time one of these people stands in front of a microphone, and in addition the three deceased are “brothers”; Mark Sainsbury reported live last night from the family’s “lounge”, the squad room at Ohakea air base; all four have referred to the Iroquois as being like “your grandfather’s axe” — the reference being that, although it’s very old, when the handle is worn it gets replaced, and when the head is worn it gets replaced, so while it’s his axe in spirit, it actually contains no parts of the original tool and is as good as new in function. On the one hand, this is compelling symbolic stuff: nobody who deviates from this framing can really be said to be showing the proper sort of respect and deference; on the other hand, it’s a bit creepy for everyone to be falling into lockstep behind Defence HQ communications. There are ways of saying these things without using the exact same words, and the constant repetition spooks me. Maybe I’m just sensitive. [Edit: There was a clean sweep for “Air Force family” or something similar in speeches supporting the Prime Minister’s parliamentary motion of condolence. No shock there, I suppose.]
  • On a somewhat lighter note, Councillor Tony Jack has picked the wrong district council to put a motion banning macrons in council materials. This is the Kāpiti Coast District Council, who moved to put the macrons into Paekākāriki and ÅŒtaki only a month ago. Jack’s motion was voted down, at which point he predictably declared that PC had gone mad. Bless. Of course, the Stuff article doesn’t contain the macrons, so I guess he wins as far as that goes.
  • Tim Watkin at Pundit continues to write excellent sense and ask smart questions about race relations in Aotearoa New Zealand. I think the emphasis in Tim’s piece is just right — there is a legitimate claim to indigeneity for non-Māori, but it’s not so obvious as Trevor Mallard’s “I was born in Wainuiomata”, and there’s a lot to work out before such definitions can be settled upoin comfortably. I’m all for having this discussion. I particularly like the ornithological allegory drawn by commenter “william blake” — we are all PÅ«keko!
  • Also on a lighter note, a (very) atheist friend whose six year-old daughter has chosen to go to Bible study classes recently asked him if, because Jesus had risen from the dead, that meant he was a zombie. It apparently took every ounce of his parental commitment to letting his girl make up her own mind to explain the origins of zombie stories, how myths come about, etc. rather than just saying, yes, Jesus is a zombie. Good on him — not sure I would have had the fortitude.
  • Speaking of things biblical, and of belonging, Joanna Newsom has a new album out, and here’s the first single — about tilling one’s own bit of the Garden of Eden:

Ok, so not so brief after all. Discuss. I’ll dive back in as I can. You can treat this as an open thread as well: post what you want to talk about.

L

The glow of the furniture, piled high for firewood

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

Democratic Service and Repair

In the shadows of chain-store ghost towns
Where no-one walks the streets at night
A silent nation, hooked on medication
Stares into a blue flickering light.
— Calexico, Service and Repair

This verse has been on my mind rather a lot since moving to my new exurb (it’s not quite a chain-store ghost town, although there sure is one of every chain store here.) But it’s the second pair of lines I’ve dwelt most upon; a potent image of Brave New World escapism as a substitute for real-life engagement, a soma-ed out populace who’ll take what it’s given.* This is a fashionable refrain in postmodern affluent liberal polities: democracy is being undermined by apathy, generated by those who would prefer you didn’t engage in politics at all so they can just get on with running the world without pesky peons interfering.

Political engagement in NZ is fairly weak and superficial, and that is bad for democratic politics. Engagement with and understanding of both the function and the presentation of political process is critical sustenance for democracy; but note, it must be with both the function and the presentation. It can be active (marches, submissions, donations, party membership, etc.) or passive (caring about the news, writing letters-to-the-editor, talkback, bloggery, heated discussions at the pub).

Both are important. In a political network model of concentric circles, a party’s leadership is surrounded by a wider group of insiders, cadres, activists, lobbyists and so forth, surrounded in turn by the party’s wider electorate. Organised political activity will only ever be the domain of a relative few, whom we might call second-circle elites; those who are involved in the political process but who do not drive it. The major role of these second-circle elites is to act as intermediary between the first and third circles; to channel information from the electorate to the leadership and to spread politics out to the electorate. These two functions (in and out) are very different; the former involves constant, frank and honest self-appraisal, a critical assessment function which must be independent from the proselytising imperative. The latter is the proselytising imperative; it requires faith and focus and adherence to doctrine and discipline.

When the feedback loop breaks down and information is fed out but not back in, a political movement becomes hijacked by its elite base — as if the second circle can somehow substitute for the third circle, as if burning desire among a few people can somehow substitute for smouldering will among a much larger number, in apparent ignorance of the fact that votes are not distributed on the basis of intensity of feeling. Ultimately the role of second-circle elites is to promote engagement between the first and third, and where apathy reigns in a polity, it is generally due to their failure to adequately perform those gatekeeping, proselytising and critical assessment functions. But second-circle elites all too frequently blame the electorate for these failures. Often, as in NZ at present, this leads to them decrying ‘politics by focus group’ or ‘pandering to the masses’ as defence of their own ‘principled’ or ‘just plain right’ positions; a view which scorns and patronises the electorate. Often, this position is combined with the grudging acknowledgement that the masses do in fact have all the votes and must therefore be ‘pandered to’ in order to gain sufficient support to prosecute a political agenda which may or may not resemble the agenda campaigned upon. This elite-centred view of politics kills engagement and increases apathy among non-elites, and results in the self-fulfilling prophecy that the unwashed hordes make poor political decisions — they often do, because they often don’t get what they vote for and didn’t have much of a hand in defining it anyhow.

But although the elites might sneer, engagement among the so-called silent majority is highly valuable, and the number of their votes is the least part of their importance. Their scrutiny of political events, policy and discourse may not be so intense, but it is broader and more stable. Even a moderate degree of political and media literacy among a wide section of the electorate provides a valuable check on how much government, its delegated authorities, lobbyists and other political actors can get away with, raising the bar of political action and discourse and providing a check that a high degree of literacy among a small second-circle elite can never provide. This is simply the wisdom of crowds.

Political movements need to decide whether their main priority is to agitate their own partisan lines for short-term electoral gain and alienate those segments with whom they disagree, or to build a democratic infrastructure of engagement and literacy in the polity in the knowledge that greater engegament and literacy will pay dividends. Or, to put it another way, political movements need to decide how much of the one they are prepared to sacrifice to the other. It’s a tricky balance, and I don’t mean to suggest it’s a precise zero-sum tradeoff, but the project of building democratic literacy and engagement is not usually compatible with a partisan agenda, and this means accepting that some proselytisation opportunities will be missed. But if the core problem is a low standard of political action and discourse in the polity, and the imperative is to drive up the quality of political action and discourse by increasing polity-level political and media literacy, then the strategic job of the agitators should be to promote political literacy above all else; even to the partial exclusion of short-term partisan gains. In my view, too much has been sacrificed to the electoral cycle; that the government so often gets away with the ‘nine long years’ gambit, itself a propaganda device to deflect attention from some policy failure or unappealing priority decision, indicates the failure of this imperative.

The NZ electorate is not entirely unengaged, though the standard of that engagement is quite low. There have been a number of catalytic issues in recent years which have made people sit up and care about politics: the Orewa Speech, the Foreshore and Seabed Act, the Electoral Finance Act, the s59 repeal; the h debate are a few which spring readily to my mind. Most of these were created by the right for largely partisan reasons, realising that engagement was a way of taking the political initiative. It is critical to note here that engagement is not the same as literacy, but that it can lead to literacy in the long term if properly managed. While the iwi/kiwi debate and the smacking debate and so on generated much heat and little light, they provide an illustration that political activism isn’t quite hunched before the TV screen with a beer in one hand and a remote control in the other. What’s needed is a cultural change in NZ democratic politics; issues that the polity cares about, politicians who are responsive to those issues, and elites who are committed first and foremost to raising these issues and sustaining the discourse betwen the first and second circles for the good of democratic politics rather than strictly for partisan gain.

Crowdsourcing politics for democracy’s sake is preventative maintenance. It’s well overdue.

L

* Really, what will we do now that NZ’s Next Top Model has been cancelled?

That’s good advice

It is the judiciary’s job to apply the law as set by Parliament … this Government was elected on this sentencing policy. Judges are appointed to apply it. The Chief Justice’s speech does not represent Government policy in any way, shape or form.

Simon Power, Minister of Justice, 17 July 2009.

Read the Chief Justice’s speech before you judge it.

Lianne Dalziel, Labour Justice Spokesperson, 18 July 2009.

Lawyers should read proposals before criticising.

Simon Power, Minister of Justice, 24 July 2009.

You can’t judge an apple by looking at the tree
You can’t judge honey by looking at the bee
You can’t judge a sister by looking at the brother
You can’t judge a book by looking at the cover

Willie Dixon, 1962.

L

Welcome Standardistas

Lynn has linked through to us while The Standard is down – thanks. I won’t have time today to put much up, so in order that you’re not disappointed by the relative lack of content, here are a few other unusual suspects worth your attention:

  • BAGnewsNotes, because politics sometimes needs to be seen to be believed.
  • The Dr Seuss propaganda cartoon archive.
  • My old mate Gabe runs a radio show on FleetFM called Playing Singles, Drinking Doubles, dedicated to outlaw country, honky tonk, gospel, rock & roll, western swing and the blues.
  • The Objective Standard, whose watchword is Exploit The Earth Or Die. Magnificent in its delusion. Even the ad links on this site are interesting – here’s one to a book called The Values of Harry Potter: Lessons for Muggles. Who knew Harry Potter (by implication: JK Rowling) was a Rand cultist? Or wait, is it that Rand cultists are actually wizards? Clearly, since I can’t figure this out, I’m a muggle.
  • Here’s a wonderful montage of Fox News screengrabs. It’s a big file, but truly the gift which keeps on giving.
  • Save The Media – career journalist Gina Chen blogs on how old media can learn from new media.
  • The Peoples Cube – life behind the irony curtain. So overdone it initially made me wonder whether it was propaganda or ironic counter-propaganda, but nevertheless, an almost-endless trove of remarkably original material. Particularly righteous is the Pascal’s Global Warming Wager.
  • Submit on the Auckland local government reforms. Last stop today; train’s going to keep on rolling until it reaches the end of the line or the engineer dies.
  • Why Obama really won the Democratic primary.

Add your own unusual suspects in comments, if you like.

Cheers,
L

[If anyone has a post they’d like us to put up please email us (kiwipolitico @ kiwipolitico.com) and we’ll get it posted! Anita]