Justice Gnomes

The New Zealand Police [and Crown Law] appear to be adopting the Underpants Gnome strategy to deal with minor breaches of public order and transgressions against the general authority of the state:

1. Brutally arrest and lay spurious charges for general idiocy or mostly harmless defiance.
2. Weather firestorm of public and civil society outrage.
3. Drop or substantially downgrade charges after months (or years) of tedious ‘review’.
4. Insist that, despite expert opinions to the contrary, their original decision to lay charges — and the excessive means by which the arrests were effected — are perfectly justified.
5. ????
6. Profit!

This pattern holds in three high-profile cases that spring easily to mind: most clearly the “Urewera Terra” raids and subsequent fiasco, about which Pablo has written previously; more recently the case of Arie Smith, documented best by Russell Brown; and the pattern has today been completed by the decision to drop charges against Tiki Taane.

There are certainly other examples, which readers can discuss in comments. An exception to the pattern has been the Crown’s treatment of the Waihopai Three, who are being vexatiously pursued for damages they can’t pay, having been found not guilty by a jury of their peers. Pablo has written about this, also. In stark contrast to the high standard of conduct expected of random individuals stands the lax attitude towards police discipline, with egregious conduct documented or alleged in two out of three of those cases, and in others.

This coming weekend (weather & workload permitting) I’ll be visiting a block of land in Taranaki that the police had also pegged as housing “terrorist training camps” back in 2007. They failed to reach even the lax evidentiary requirements to gain the proper warrants to conduct raids there, but according to contemporaneous news reports they weren’t far off, and had dedicated considerable time, effort and money towards that end. Based on what I know about these particular circumstances, they would have roused a few kaumātua at Parihaka and its surrounds; some possum trappers, and depending on the day, perhaps a hunter or two (most likely Pākehā), since the most dangerous people in there are the folks who go in of a weekend with quad bikes and boxes of ammo and bottles of spirits to blaze mobs of goats, and leave them on the flats to rot as pig bait. Policing of this sort is a fool’s errand, and after nearly four years we have no reason to believe that those cases that had accrued slightly more evidence than the one of which I’m aware will have meaningfully more merit.

Watching and listening coverage of the 1981 Springbok tour riots this past week or so I’ve been struck by how his preoccupation with symbolic insults to law and order, rather than more substantive breaches, is reminiscent of police and government conduct under Muldoon, during that era — a short, sharp, shock doctrine of fiercely punishing trivial breaches in order to send a signal to those who would commit more serious actions. I don’t have time at present to go into a deep discussion of the implications of this activism among the police, and indeed Pablo has already covered much of that ground better than I could. But the apparent detachment between police command and both the ordinary citizens of the state and the country’s expert civil society agencies would be hilarious if it wasn’t so concerning.

Perhaps the worst aspect of this trend is that it serves to undermine the credibility of and public confidence in the police, which civil society needs to function. Especially at society’s margins — including Māori, the disabled, and activists — with whom police should be especially assiduous about building relationships.

Update: And would you look at that — right on cue, the remaining trumped-up firearms charges against the Urewera 18 have been dropped, on the grounds that continuing proceedings would not be in the public interest. Indeed. So, authoritarian apologists for the police state and anti-Māori revenge fantasists, how you like THEM apples?

L

Organic protest, and reframing the mineral debate

political-pictures-mimes-million-march

Like many others, I was amazed at the turnout for the anti-mining protest in Auckland on Saturday. That 50,000 people would turn out for such an event is remarkable in itself — the NZRU’s financial problems would be solved if they could attract so many people to half a dozen rugby matches each year, and we’re currently rebuilding Eden Park so they can seat that many a dozen or so times next year, and then maybe once or twice a year thereafter.

But the more remarkable thing about this march was its apparently organic nature. From my read — based only on the media coverage, mind — this was not a visually and ideologically cohesive, “branded” demonstration such as “enough is enough” and the more recent child discipline march, which were more or less Boobs On Bikes without the boobs or the bikes, advocating the wholesale adoption of a political product. It was not a heavily stage-managed piece of public theatre as the Foreshore and Seabed hÄ«koi was, and it was not a set-piece undertaken with a specific tactical purpose such as the most memorable marches of the Springbok Tour were. There were t-shirts and banners and so on, but these were not issued like uniforms with marching orders and approved wording for slogans, imagery and talking points. These were not rented crowds, seas of mime-like bodies serving as a vehicle for someone else’s words and sentiments. This was a genuine all-comers march, and if its almost unprecedented turnout did not bring genuine authority, then its authenticity surely must.

The response from the usual authoritarians has been a heady blend of confusion, disbelief and denial — the same sorts of delusions I normally accuse Labour partisans of falling prey to, when the observable data fails to conform to ideological modelling. This is bad for them, and good for those who oppose the government’s mining plans: if the government persists in believing the models instead of the data, it will go the way of the last government which did so.

But I don’t think this government will do that. I think it will see the writing on the wall, and reframe the mineral debate. Key and Brownlee have surely now seen their error: addressing mining in Schedule 4 as a national economic development issue rather than as a set of regional development issues. Going for it all in one bite was greedy, and as Danyl says, reflects the sort of complacency which creeps in when your opposition isn’t up to the task of opposing. But as strong and authentic as the Auckland march was, it has a weakness, and that’s that it’s composed of Aucklanders. Mining schedule 4 as a national strategy has failed, and likely at the cost of the opportunity to mine in the Coromandel and on Great Barrier Island, but it has thrown into sharp relief those areas where local views are less opposed — such as Paparoa, and possibly Mt Aspiring. As I commented on The Standard earlier, West Coasters are overwhelmingly in support of extended mining, a solid turnout in Nelson notwithstanding. Portraying Nelsonites as latte-sipping greeny liberal lifestylers begrudging their honest hard-working brethren on the other side of the hill a chance at the riches of the land will turn this into a classic town/country divide of the sort National and its mining allies are very skilled at exploiting. So watch for a few hundred — or maybe a thousand — Coasters marching in Westport to support the mining proposal being equated to this weekend’s demonstration in Auckland, and watch for well-meaning Aucklanders, Wellingtonians, Nelsonites and those from elsewhere being told in fairly certain terms to butt out of their regional business.

The government will be taking a risk if it proceeds with this plan, even in a regional form, because it has already permitted the debate to be established as a national issue about national parks in which everyone from the Cape to the Bluff has a stake — but it has amassed plenty of political capital, and now is the time in the electoral cycle to use it. Particularly with the Australian federal government unveiling a new resource tax, New Zealand just got more attractive for mining interests, and the imperative to dig, baby, dig will be stronger than ever.

L