Personal narrativium

From the NZ Herald, Why I should be the mayor:

Len Brown:

Every day I wake up and, for one thing, I’m thankful I do wake up. But secondly, I have the greatest job in the world and it’s a job that enables me to make a difference, to really change people’s lives, to deliver change, new direction and positive growth in the community. I can sort of perform little miracles around our place. When the change occurred I wondered whether I could shift this position to the community that has raised me since I was 7. I have very quickly found that passion. It has been an extraordinary journey thus far and the opportunity to deliver something by the way of step change and extraordinary redirection of Auckland and taking up of its potential, a marrying of our business dynamic with our community aroha and love is something I believe is an extraordinary opportunity, and I would like to take that opportunity.

John Banks:

At age 18, I decided that I would balance the family ledger by joining the police. The Auckland police told me in no uncertain terms that I was a lowlife son of two shitbags and there was no place for me in the New Zealand police. Twenty-five years later, I became the Minister of Police. I’m doing this to balance the family ledger.

So it’s “boundless enthusiasm for community miracles” squaring off against “individual crusade for redemption, nothing to do with Auckland” in the Supercity mayoral battle. If that’s all there was to it, Banksie would be a lost cause.

L

Brown still on the horse

Bless the Herald, burying the most important point of an article about the Auckland supercity mayoralty race at the very bottom:

Mr Brown also spoke of leadership and the need to deliver a resounding majority for the mayor so he or she could sit there with the mandate with the support of the community. [sic]
Judging from the mood of the meeting [in Point Chevalier], he won a resounding victory last night.

It seems remarkable to me that Brown could beat John Banks “resoundingly” in gentrified Pt Chev, of which (as I recall) Banks is himself a long-time resident. But then, I don’t know Auckland very well, and perhaps I’m misreading it. Is there something I’m missing or is this actually a biggish deal?

It apparently counterindicates DPF’s and Hamish Collins of No Minister’s reasoning that Len Brown is toast because Kerre Woodham reckons he’s a nutter and she is some sort of bellwether for this “Grey Lynn liberal” demographic. Because her status as a talkback host and columnist who recently came out in favour of three strikes didn’t disqualify her from that already.

Disclosure: According to 8 Tribes questionnaire, bogus pop-sociology though it might be, I’m very squarely a member of the Grey Lynn tribe myself. I’m sure you’re all shocked, just shocked.

L

Bestest

Stuart Dye’s column which uses perfectly sound* logic to reach the conclusion that the All Whites are the world’s fifth-equal-best football team,** is a bit of fun. The only problem is that while reading it I kept getting flashbacks to the flimsiest rationalisations of the left’s 2008 election campaign. By careful selection and weighting of the criteria by which to judge the political field it was possible to argue — at times convincingly — that Labour and the Greens had it in the bag, and that’s what many people did instead of taking a long hard look at their team’s performance.

Ironically enough, I’m pretty sure those picking the criteria and making the rationalisations weren’t surprised in the slightest when their outcomes failed to eventuate.

Delusional partisan jingoism in a sport where we have a snowball’s chance: harmless. In politics: not so harmless.

L

* For unusual values of “perfectly” and “sound”.
** Above us are Brazil, Germany, the Netherlands and Argentina — and by now Mexico and Nigeria Greece, which I suppose makes us seventh equal.

What not to say

NZ Herald website’s lead story:

Telecom spokesman Mark Watts says this morning’s 111 emergency calls system failure “shouldn’t have happened” and is “a bad look” after the company’s recent repeated XT failures.

My emphasis. This illustrates that Telecom views the failure of an essential service — the only genuinely essential service they provide — as an image problem rather than a matter of public safety. Don’t get me wrong — it is an image problem, and a colossal one at that, and the fact that this fault was apparently unrelated to the ongoing XT failures underlines the brittleness of the country’s telecommunications infrastructure and undermines Telecom’s brand even more than it already has been. But treating it as an image problem for the company rather than a real problem for the country is the surest way of turning it into an even more serious image problem. You see what people are made of when they come under prolonged duress. Telecom’s senior staff are starting to crack.

Not that NZ Police communications are much better, with Inspector Karen Wilson saying that the Police were “unaware” of any cases where the need for emergency services had gone unmet. Well, they would be unaware, wouldn’t they? Given that the system for making them aware was nonfunctional.

This line (“Police are unaware …”) has become the NatRad bulletin lead, which means Telecom’s PR failure is reflecting on the Police, who bear no blame here. (Though, in fairness to Inspector Wilson, her remarks were a response to a suitably incensed Philippa Tolley, who first used the word “unaware”.) Still, better for the Police to more strongly emphasise the fact that they would be unaware due to Telecom’s failure, but that coping regardless was their responsibility.

It might be worth turning this into an ongoing series. There’s no shortage of material.

Update: By Checkpoint time, Mark Watts had changed his establishing point to “not a good thing”, which is much better, for just one word different. But his talking points were clearly thus:

  • The system works close to 100% of the time (therefore: don’t complain when it doesn’t.) This is a somewhat specious argument, but very necessary given Telecom’s situation, and it’d fly if the general position taken was one of contrition and regret.
  • Nobody was left hanging; everyone who made a call got called back to make sure they were ok. This is good; unfortunately, he refused to answer Mary Wilson’s repeated questions as to how long it took for people to get called back. That leaves the response a bit hollow. He also gets a bit arsey about it.
  • “The systems worked as intended.” WTF? This would be a plausible position if the Police had been informed, but they weren’t, and Telecom has no explanation for why not.

For their part, the Police have their act a bit more together, with Superintendent Andy McGregor emphasising the importance of public confidence in the system and Telecom’s failure to ensure it.

L

Climate credibility fail

fail

I’ve remained largely silent on the so-called ClimateGate thus far, mostly out of an abject lack of expertise to judge the whys and wherefores of it all. It’s science, I’m not a scientist. But given Poneke’s magnum opus on the topic, the likelihood of an IPCC Himalayan glacier retraction and a NZ Herald survey which found that New Zealanders harbour deep doubts about anthropogenic climate change, I thought it apposite to repost something I wrote the other day at the bottom of a very long (but interesting) thread (somewhat edited). It’s something I’ve argued many times in other contexts.*

Climate change is often couched as an important problem of the sort which democracies fail to address — along with things like the global credit crisis, and fascism. But the failure is not with democracy itself, but with the calibre of certain actors within it. Climate change is an issue which should have been hit out of the park by any political movement with any competence, because the magnitude of the stakes and the weight of both reasoned evidence and benign symbolic matter which it embodies yield raw material for the most profound and powerful sorts of political campaigns — the sort which fundamentally change peoples’ beliefs and allegiances and which, if properly conducted, can grant a political movement incredible license to implement far-reaching policy of the sort which reforms society at its most basic levels. The Great Depression was just such an event for Franklin Delano Roosevelt and Michael Joseph Savage. The miners strike was for Margaret Thatcher. September 11 was for George W Bush. And so on.

And yet, the skeptics are winning the battle of ideas around climate change. The failure to convince the electorates of the free world of the need for urgent climate change policy, a matter of the most critical and immediate importance backed by the best science available, reflects an utter failure on the part of political and scientific elites whose most important job it is to provide such leadership. The political and scientific establishment has squandered a phenomenal opportunity, with the exception of Al Gore, who with An Inconvenient Truth did more to progress the cause of gaining electorate buy-in to the topic than everyone else has done since. They are struggling and failing, not only to implement reforms of the magnitude which are required, but even to maintain the credibility of the scientific establishment.

Some [including Ag, to whom this was originally addressed] argue that it was always impossible to sell climate change to the electorate due to the vested interests amassed against it, cognitive biases, lack of expertise, plain ignorance, etc. Those are important factors, but other factors are more important and more controllable to boot — after all, people in a liberal society can only really control their own actions, and must be prepared to defend their positions against others.

The scientific establishment failed by allowing a tiny minority of skeptics and raving moonbats and vested interests to frame their establishment as a corrupt back-slapping club funded by grant money; by evading and prevaricating and playing dirty when legitimately challenged on important matters of fact and procedure; most recently by covering up emails and giving the conspiracy theorists grist for their mills. In defending their failures, they blame the heterodox minority, the vested interests, the rapturists and the conspiracy theorists.

Politicians have failed mainly by couching their arguments in favour of urgent climate change policy in terms of hard facts and economic figures, assuming that people could connect the dots themselves rather than spelling it out in terms they could understand at a visceral or intuitive level as well as when they whip out their utility calculators. The politicians blame the same people as the scientists, ignoring the fact that a generation of failure on their part to adequately contest the battle of ideas and to safeguard the political process against the influence of vested interests has allowed such lobbyists to become entrenched.

Part of this is systemic — there are problems with the scientific peer review system which politicians can’t understand; there are ruthless and well-resourced lobbyists with vested interests which have been permitted to entrench themselves in democratic political systems. But none of that is any excuse. They should have been able to drive it home anyway, given the raw material at their disposal. This is not a failing of democracy, but a failing of certain actors within the democratic system: particularly, those who believe so deeply that they are right, so they need not prove their case. People who think that inherent truth of the position will simply shine through. If their position was that strong, then it should have been easy, right? This ignores a fundamental reality of a free society: that people are free to be wrong, and must be brought about by reason and persuasion or not at all. I think it is that strong, and should have been easy.

The world is going to pay for the failure of climate scientists to adequately protect their credibility, and for the failure of politicians and policymakers to adequately sell the most politically saleable concept of the past generation — that the planet is going to get inhospitable if we continue to pollute it, and we don’t have a fallback position — and it’s infuriating that those responsible for this failure want nothing more than to shift blame for their own incompetence.

L

* It should be clear, but nevertheless: I’m not arguing that AGW isn’t real; in fact, the opposite: I am arguing that the problem is real but that the credibility of much of the evidence and the policy agenda is critically undermined. I don’t really buy Poneke’s conclusions drawn from his analysis of the emails, although I do accept that they demonstrate severe systemic and credibility failures which call a lot of the evidence into question. But in order to believe that it’s all a hoax, you have to believe in a scientific conspiracy of unprecedented scale, with no credible payoff. I just don’t see it.

On media bias and distortion

BK Drinkwater has posted a good response to some of the comments on Bryce Edwards’ synopses of chapters from the book Informing Voters? Politics, Media and the New Zealand Election 2008 (edited by Chris Rudd, Janine Hayward and Geoff Craig of the University of Otago Politics department). In comments to BK’s post, Eric Crampton recommended Groseclose & Milyo‘s paper on the topic. Having not read the book, I’ll constrain my comments to the posts, comments and paper which I have read.

[Apologies, this is a long and dry post on a topic very dear to my heart. I also banged it up in a spare couple of hours while I ought to have been sleeping, and haven’t proofed it, so it may be incoherent. I reserve the right to subedit it without notice. The rest is over the break.]

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Normalising diversity

May I echo the inimitable Queen of Thorns, and say how great it is that Māori Language Week is being so well observed. Labour MPs on Red Alert are posting in te reo; Nickelodeon has done Spongebob Squarepants in Māori; Lockwood Smith is reading the Parliamentary prayer in Māori and Te Ururoa Flavell on Tuesday raised a point of order during Question Time (in Māori, no less!) to insist that the Minister of Transport pronounce “Kamo” as “Kamo” rather then “Carmow”. Even David Farrar has a post in Māori, and on that count he beats me at least. Well done.

Such usage is the thin edge of a wedge of linguistic diversity becoming normalised in Aotearoa. The wedge was first driven long ago, but one of the more memorable blows was struck by the venerable Naida Glavish who (working as a tolls operator) got in trouble for answering the phone ‘kia ora’ and generated great and unexpected support. When returning sick and exhausted, with no money and a broken shoulder from a long and abortive road trip across Asia (more on which another time), I could have hugged the (Pākehā) Air NZ cabin steward who greeted me with ‘Kia ora, bro, welcome home’. The NZ Herald has redesigned their masthead in Māori (though I can’t find a copy of it on the website just now). Māori introductions on National Radio and other media are commonplace these days and everyone knows what they mean. I recall the Māori Language Week last year, or the year before, when they were formally instituted and then – the horror! – their usage continued after the end of the week. There was apparently a bit of a backlash against it, and Geoff Robinson read some messages calling for a return to English-only introductions. Robinson, bless his English heart, had one word for the complainers: “tough”.

And that’s all they deserve. My high school German teacher had a banner above her blackboard which read “Monolingualism can be cured”, and it can be. Other languages must be used to be known, and normalisation is the first part of usage. Raymond Huo, also on Red Alert, is posting in Zhōng Wén; it is wonderful.

It goes beyond language, as well. Cultures, norms and ways of doing, approaches and modes of understanding are not monopolised by English-speaking WASP culture. I wrote earlier this year about a book by John Newton about James K Baxter and the Jerusalem commune – it is called “The Double Rainbow” and has been published. The title is Baxter’s, and Newton explains it in the introduction:

The double rainbow is Baxter’s symbol for a mutually regenerative bicultural relationship. He recognised that the Pākehā majority ignored Māori culture, not just to the cost of Māori – though few Pākehā have seen this more clearly or objected more trenchantly – but also to its own detriment. Pākehā, he wrote in 1969, a few months before he first moved to Jerusalem, ‘have lived alongside a psychologically rich and varied minority culture for a hundred years and have taken nothing from it but a few place names and a great deal of plunder.’

Diversity is both a means and an end. It is a means by which people may understand one another and live in harmony and all such wishy-washiness; but more importantly, it is an end in itself because two heads are better than one, every culture has its own irrationalities and blind spots and deleterious foibles. Humankind has achieved its primacy as a species through the constant adaptation of cultural and biological systems which spread risk rather than concentrating it. Monocultures are vulnerable; they may be unified and may even be strong against certain threats, but against uncertainty, or against threats or challenges of an unknown or unpredictable nature, homogeneity a weakness rather than a strength. Diversity is resilience. If you won’t believe me, take it from Robert A Heinlein:

A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects.

Who wants a society of insects?

L

Ink by the barrel

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

Ka ora!

Ka ora! (I live!) – the triumphant second part of the famous challenge in Te Rauparaha’s haka Ka Mate, composed after his narrow escape from seemingly-certain death. Ka mate is itself a symbol of life and vigour and indomitable spirit, a rowdy celebration of vitality, and one of the most vivid and tangible symbols of New Zealand culture, both for Māori and for Tau Iwi, and much-loved and admired by people the world over, so ubiquitous that many simply know it as the haka, as if there were none other.

Now the rights to this famous tāonga are to be vested in Te Rauparaha’s descendants, Ngāti Toa Rangatira. This is a sore spot for many people, who for the reasons above feel as if they have a stake in Ka Mate as well. Much of this hearkens back to the old `iwi/kiwi’ rhetoric of the 2005 election campaign, and in particular I’d like to point to one small exchange which I think illustrates that that rhetorical line no longer has quite the currency it did; then I’d like to engage with the actual matter of the issue: the meeting of intellectual property, identity and mātauranga Māori.

Backdown

haka13The Rod Emmerson cartoon at right appeared on the front page of the New Zealand Herald on 11 February 2009, the day the Letter of Agreement between Ngāti Toa Rangatira and the Crown was signed, and is the most direct reference to the old iwi/kiwi debate. The image was also attached to the online story. However, that day during Question Time, Minister for Treaty Negotiations Chris Finlayson harshly criticised the cartoon, saying it was “puerile and inaccurate […] highly offensive to Ngāti Toa. We are not talking about that kind of redress”. This position was reiterated by John Key, and was the subject of another article the following day. They’re absolutely right: as I will demonstrate below there is no merit whatsoever to the argument.

After Finlayson’s statement in Parliament, the cartoon was detached from the article – but it remains on the NZ Herald’s server, and that it was attached to the article is proven by google images. Tangentially, the cartoon appears to be one of a batch by Emmerson, including this one, very similarly composed. At least two other cartoons emphasised the financial issue – Mike Moreu’s and Tom Scott’s.

The importance of this very minor editorial backdown by the NZ Herald is huge. I’m not arguing that Finlayson’s statement in the House caused the Herald to take it down, but it was undoubtedly an influence: perhaps the Herald saw that the tide has turned. The very fact that a National Minister would so firmly repudiate such an allegation of graft among Māori business interests, against the editorial line of both our major press outlets, shows how far they have come since the bad old days of Don Brash’s populist point-scoring. It also shows that they’re in government and mean to stay there.

Rights

People talk about `intellectual property’ as if it’s unified by a central legal idea, or created from whole cloth. In fact the whole realm is a minefield of social, legal, technical, customary and common-law complexity from several intellectual traditions, dating back to the enlightenment, and very poorly updated to encompass things which have happened since. The S92 protests currently underway are an example of its deep and thorough dysfunction. It’s vastly more ugly and complicated than you might think: for an excellent critique of the whole system, I can recommend none better than Drahos and Braithwaite, Information Feudalism. Incidentally, like Richard Stallman, I abhor the term `intellectual property’ for this reason; though unlike him I don’t eschew its use when talking about the whole awful mess together.

When people talk about `intellectual property’, usually they mean `copyright’ but want to sound knowledgeable. Even when people talk about `copyright’ they are usually, in fact, mixing up two quite distinct parallel traditions: economic rights of copyright, and moral rights of the author. Simply; economic rights allow the copyright holder to extract a rent from a work, while moral rights afford other sorts of protection, such as the requirement of attribution. The two sets of rights can exist independently or apart; they need not necessarily go together, but can coexist happily if need be. The discourse inherent in the cartoons above, and in much of the news copy, is rooted in the supposition that economic rights are the only rights, and that Ngāti Toa Rangatira must therefore be looking to extract a rent from Ka Mate (even if only a piffling, `dollar dollar’ for the single most famous piece of Māori art in existence). This is also the foundation of Whale Oil’s rather smug argument that, since NZ copyright allows for a term of 50 years after the death of the author, copyright on Ka Mate lapsed in 1899 and it’s now in the public domain.

As is so often the case, the reality is quite different. The Letter of Agreement mentions nothing of the sort – no discussion of economic or moral rights, or of copyright, or even of that broadest of terms, `intellectual property’. No, the complete text in the LoA relating to Ka Mate is as follows:

– Ka Mate haka

The settlement legislation will also record the authorship and significance of the haka Ka Mate to Ngāti Toa and the Crown will work with Ngāti Toa to address their concerns with the haka in a way that balances their rights with those of the wider public.

The Crown does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate. Ngāti Toa’s primary objective is to prevent the misappropriation and culturally inappropriate use of the Ka Mate haka.

This stops well short of even the weakest copyright protection. It implies a subset of moral rights, and explicitly enjoins exercise of economic rights. The entire line of argument is therefore completely discredited, and if anything, Ngāti Toa Rangatira are faced with a hard task of staking a claim in any way other than the symbolic. If they choose – and there’s the big question nobody is asking.

Colonising Mātauranga Māori

Suppose Ngāti Toa Rangatira had been offered exclusive, authorial economic and moral rights to Ka Mate. Should they accept? Ultimately, of course, this is a matter of utility for that iwi, and them alone – but let me sketch a few of the issues in play. First, and most obviously, the adoption of Tau Iwi systems of knowledge ownership for mātauranga Māori (Māori knowledge) is a dangerous business. Those who have legitimate entitlement to the mātauranga might be prevented from exercising it by colonial IP laws; more importantly, the nature of the mātauranga itself is impacted upon by its presence within a framework, and the degree of codification and specification that requires. As M A Hemi said regarding the use of Māori terms in the Resource Management Act,

Māori concepts when treated in isolation are incapable of proper function and development. In fact, any concept when divorced from its cultural base is subject to dysfunction and cultural reinterpretation or hi-jack. (Quoted in Mason Durie, Te Mana, Te Kāwanatanga, p33.)

Nevertheless, there can be great utility in protecting these things by colonial means, in order to prevent their exploitation by colonial systems. This is the foundation for the WAI 262 claim, to my knowledge the longest-running and most complex claim ever brought to the Waitangi Tribunal, with enormous precedent value. And why shouldn’t they see any tangible economic benefits from their mātauranga now, given that for generations it has been exploited and co-opted and adapted without their consent or input, and to great commercial gain?

The question is a live one – ka ora.

L