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Post by muzled on Nov 20, 2024 9:47:19 GMT 12
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Post by muzled on Nov 20, 2024 11:34:03 GMT 12
Another good writeup on the pious KC's. breakingviewsnz.blogspot.com/2024/11/gerry-eckhoff-in-response-to-anne.html?m=1Gerry Eckhoff: In response to Anne Stevens - KC Members of the public who have a long standing interest in civic affairs will be astonished and somewhat bewildered to be described as being exploited by the Treaty Principles Bill. Adding insult to this injury, Dunedin lawyer Anne Stevens (Kings Council) also described the public - in the same breath – as having their ignorance and prejudice exploited when it comes to matters pertaining to the Treaty of Waitangi. Really? Whatever Ms Stevens personal view of this bill is, her role as a KC is surely compromised by her pre-emptive strike against the Bill and her use of a totally emotive and inaccurate descriptive term of the Bill as “evil.”There is nothing profoundly immoral and or wicked (as evil is defined) in wishing to publicly debate an issue that besets our society and has done for many decades Ms Stevens . She was also quoted in the Otago Daily Times , as saying the Prime Minister is pushing “this pile of muck forward. ” T his language is quite unbelievable and surely cannot remain unchallenged by the Law Society . To promote the fact of 42 Kings Councils signed a document of concern regarding the Treaty Principles Bill ignores the reality that the vast majority of KCs didn’t sign - possibly as many as 5 to 1. I venture to point out to Ms Stevens that there are no absolute facts surrounding the signing the Treaty in 1840 - only interpretations - of a multitude of beliefs by the self-appointed with unauthorised opinion. Such opinion, regretfully, is too often presented as irrefutable evidence as it comes from the tiny minority of more radical members of Maoridom. In fact, their view is even less relevant than opinion of “we the people” when based on the writings of historians such as Michael King, Judith Basset and Keith Sinclair. The actual Maori version of the Treaty had no Maori author as there was no written Maori language at that time . The expression “lost in the translation” is a well-known idiom.It has always been concerning that the signing was deemed to be or constituted as a partnership between Maori and the representatives of Queen Victoria as Justice Cook (wrongly) decided. Indeed, his decision makes no sense given that no other similar partnership agreements exist between any other emerging nation at that time with the greatest power of the age. It is worth remembering that approximately 102 countries were colonized by Britain -only “the familiar few” in NZ believes there was a partnership. It would indeed be helpful if the legal 42 openly accepted that it is Parliament through a process we call democracy that is the highest court in the land and not a coterie of no doubt talented legal minds.It is all the more concerning when distinguished members of the legal community -KCs - sail forth into matters that the wider public must be consulted over. The tone so far, appears to be completely dismissive of this consultative principle by at least a very few representatives of the wider New Zealand legal community. Another signatory to this KC grouping, the distinguished lawyer Dr Royden Sommerville is reported as saying that he is concerned about the impact on New Zealand’s constitution. Dr Sommerville will be well aware that New Zealand does not have a constitution. We have just three clauses or covenants agreed to and called the Treaty of Waitangi. Prior to 1840 Maori and Europeans lived under no laws. Maori therefore had no authority to demand all tribes accept the governance of one dominant Maori authority. Indeed, the definitive work of Hon Sir Apirana Ngata makes it clear that a single governing Maori body was an anathema to the powerful Maori tribes so why would a partnership even be contemplated ? The answer is of course that it never was. According to Sir Apirana Ngata’s interpretation of the Treaty, any concept of Maori authority was set aside for ever by the first article of the Treaty, so why, 180 years later would some legal representatives believe they are right, and the highly respected Maori scholar was wrong. It is simply beyond understanding that some lawyers can’t or won’t accept that the public of New Zealand are fully entitled to debate what The Treaty means in this day and age. Some divisiveness is to be expected and will always occur when privilege is withdrawn - to para phrase Tom Sowell. Even the Magna Carta has changed to allow the Crown to acquire the property rights of the citizens of this country without compensation -but then, not if you are Maori landowner . That surely needs some explanation from the 40 odd senior lawyers. It may also be helpful if the same lawyers explained just what rights we non Maori are entitled to under the same Treaty document. Debate and rigorous inquiry are surely the hall mark of a well-functioning society. It is entirely appropriate to challenge existing mantra just as the recent inquiry into state and faith based abuse released a flood of information of the appalling harm concealed by the various authorities. The lights need to be turned up to shine on problematic issues not dimmed by the timorous few. Gerry Eckhoff is a former councillor on the Otago Regional Council and MP.
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Post by ComfortZone on Nov 20, 2024 12:27:58 GMT 12
Margaret (Anne) Stevens
Anne Stevens graduated with an LLB in 1987. She was admitted to the Bar in 1988 and was an employed barrister for JM Conradson. In 1994 she moved to Mitchell & Mackersy. In 1998 she returned to the bar as a barrister sole, specialising in criminal law and associated mental health law. She has appeared as lead counsel since 1998 in over 140 jury trials, all of which have carried the risk of lengthy terms of imprisonment. From 1998 she has been a guest lecture in law and psychiatry at the University of Otago and to mental health staff at the Forensic Mental Health Unit at Wakari Hospital. In 2005 and 2006 she was also a guest lecturer on ethics in the role of defence lawyers. From 2006 to 2012 Anne Stevens was a New Zealand Law Society Vice-President, representing the South Island. From 2012 she has been the chair of the New Zealand Law Society Practice Approval Committee. Since 2001 she has been a faculty member and presenter at the NZLS Litigation Skills programme including Director of the programme in 2005. She is based at Dunedin's Octagon Chambers.
From the above resume it would appear her specialist knowledge of constitutional law is SFA, as is the case with many of the 42 signatories
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Post by muzled on Nov 20, 2024 13:28:13 GMT 12
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Post by chariot on Nov 20, 2024 14:26:38 GMT 12
I watched some of the other interviews. Virtually all of them didn't know what they were protesting about and had been lied to and whipped up by the organisers to fever pitch to stop the principles bill. None knew that the bill was going to die a slow death. They are well worth watching.
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Post by muzled on Nov 21, 2024 8:40:56 GMT 12
breakingviewsnz.blogspot.com/2024/11/professor-robert-macculloch-dame-whina.html?m=1Professor Robert MacCulloch: Dame Whina Cooper's hīkoi was for change..... Dame Whina Cooper's hīkoi was for change. This week's hīkoi was for keeping the status quo, the opposite of what the NZ Herald claims.
Today the NZ Herald's front page headline blared, "Hīkoi to Parliament: Tens of thousands energized for change after protest against Treaty Principles Bill .. The time for change is here". How Orwellian. This week's march was a march for the status quo. Its a protest against ACT's Treaty Principles Bill, which seeks to define in legislation what are those principles. The status quo is that the principles continue to be written by the judiciary ("developed" is the legal word). MP Willie Jackson declared in Parliament this week, "The principles are clear - they're clear. They're about partnership .. equity .. active protection .. redress - simple". Who wrote that list? Judges, lawyers. Our Kings Counsels declared in a letter those principles are now part of our Constitution & can't be changed. They state its "uncertain" even whether the full Parliament has rights to alter them.
Whatever your views about those principles, one thing is sure. This week's Hīkoi is to support the status quo - its not a Hīkoi to change anything. The incredible Dame Whina Cooper led a hīkoi whose admirable aim was change - to respect land and property rights that were not being respected. She is quoted as saying, 'the Treaty was signed so that we could all live as one nation in Aotearoa'. But this hīkoi has nothing to do with Dame Whina's hīkoi. Its about not letting anyone change a thing. Good luck to the nation with its political and economic status quo. Dame Whina was not happy with the status quo in her time.
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Post by muzled on Nov 21, 2024 13:46:10 GMT 12
Winston gold. (speech from parliament yday)
“Yesterday’s hikoi wasn’t grassroots – it was a Māori Party astroturf.
What most in the mainstream media are not reporting is that the organiser of the hikoi is the son of the current sitting Māori Party MP Mariameno Kapa-Kingi, is employed by the Māori Party, and stood as a candidate for the Māori Party.
The company that fundraised and coordinated the hikoi called “Toitu Te Tiriti” was incorporated in September by the wife of Rawiri Waititi and the daughter of the Māori Party president John Tamahere.
Driving and flying to parliament in their Car-koi was nothing but a recruitment and fundraising tool for the Māori Party – and the Labour Party ignorantly joined in.
The Māori Party just used and manipulated thousands of Māori yesterday for their own pointless political stunt. They staged a protest against a piece of legislation that they already knew is not going to pass into law.
The faux outrage is obvious for all who see it for what it was. Their aim was to gather anyone and everyone no matter what their cause – including patched gang members.
It’s the same reason they conducted a sham haka in the House last week. It was a disgraceful pre-planned and coordinated stunt that served only to intimidate and undermine the running of the House and grab as many headlines as they could.
They are a bunch of extremists and middle New Zealand has had enough.
New Zealand is a democracy whether the Māori Party like it or not. And using ‘Māori culture’ as an excuse for their disgraceful behaviour is an insult to Māoridom.
No ordinary kiwi, Māori or non-Māori, should accept the behaviour and intent of this Party of Extremists.
They don’t want democracy, they want anarchy.
They don’t want one country, one people, one law – they want separatism, division, and laws based on race. They state it specifically.
Since 1867 Māori have been elected to Parliament with just four winning a general seat until the introduction of MMP when we saw the exponential growth of the number of Māori MPs.
Right now, we have the record number of Māori in Cabinet of any government – more than all the Māori Party MPs combined.
All the Party of Extremists want to do is act with utter contempt and ignorance at the progress that has been accomplished.
They are trying to tear that all down for their own ignorant misguided political gain.
They are trying to tear down our country along with them.
We are not going to concede or yield to these separatists, these people who spew an anthem of hate against other people.
We will not be bullied by these cultural elitist extremists.
We stand for one people, one country, one flag, united as one – Māori and non-Māori.
It is the only way our country will ever succeed – and we will never give up fighting for that.”
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Post by ComfortZone on Nov 21, 2024 17:27:11 GMT 12
Rob Mc Culloch's post on NZ's political scene in chaos NZ Descends into a S*!# Show on the World Stage. MPs Mock Judges. Legal "Royalty" Mock MPs. Other MPs Mock their own Parliament. We're not a serious nation.
Let there be no doubt. NZ has turned into a world laughing stock. A nation without a clue what it stands for - what is in, or out of, its constitution - if it even has one - whose MPs can't explain & debate issues - is a country that cannot long endure. The question for the PM is not why he didn't address the hīkoi - it is why he didn't join it. After all Luxon's key objective is the same as Te Pāti Māori: Kill the Bill. Justice Minister Goldsmith, who's trying to have it both ways, told Parliament the Party didn't agree with ACTs Principles Bill, but at the same time said, "The interpretations given by the courts are not gospel". So he's telling judges, in a polite way, to go jump in the lake, as well as ACT. Meanwhile Labour MP Willie Jackson sided with those judges. He "denounces [ACTs] foul attempt to rewrite the constitutional framework of this nation". Jackson and our Kings Counsels say we've already signed up to a set of Principles, written by courts, and can't change them. One is equitable outcomes. No economist in the world has a clue how to enforce equitable outcomes, although Chairman Mao in China once tried - even the Chinese don't want to talk about how that ended up. Meanwhile, a bunch of other MPs, mainly from Te Pāti Māori, don't believe their fellow MPs should have any power to decide anything - that Parliament lacks legitimacy and has no sovereignty over Māori. One said in Parliament, "ACT are seen to be pulling the strings and running the country, like the KKK with a swipe card to the Beehive". I presume he's likening Seymour to a member of the Ku Klux Klan. Deputy PM Peters is no better. He characterized the University of Auckland’s action of having designated areas for Māori & Pasifika students as comparable to racist groups like the Ku Klux Klan. Whether its Labour or National, you name them .. our MPs have turned this nation into a circus. My subject is economics, not politics, but any nation whose MPs debate like this, act like this, explain issues like this, can forget about prosperity. Our MPs have made the world, but most importantly us locals, think differently about NZ this week, and not in a good way.
And if you can stomach reading more about Paul Goldsmith's hypocrisy, read here about his and National's previous "achievements" to preserve equality
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Post by harrytom on Nov 21, 2024 17:32:30 GMT 12
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Post by muzled on Nov 22, 2024 6:32:15 GMT 12
And if you can stomach reading more about Paul Goldsmith's hypocrisy, read here about his and National's previous "achievements" to preserve equality
Shit o'dear, you can see why Willie doesn't want anything to change! If Seymour achieves nothing else he'll at least raise some awareness of how entrenched the gravy train is. It's certainly raised mine. Arts Council of NZ Toi Aotearoa Act 2014 – at least four members must have knowledge of te ao Maori and tikanga. The council must recognise in the arts “the role of Māori as tangata whenua”.
Environmental Reporting Act 2014 – requires that synthesis and domain reports “are informed by a Māori perspective” and that regulations cannot be made without consultation with iwi authorities.
Hawkes Bay Regional Planning Committee Act 2015 – an anti-democratic statute that requires co-governance between “mana whenua and elected representatives” overseeing development and review of Resource Management Act documents. The committee’s standing orders “must not contravene tikanga Māori”
Hurunui/Kaikōura Earthquakes Recovery Act 2016 – members of the Recovery Review Panel to have knowledge of mātauranga and tikanga.
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Post by muzled on Nov 22, 2024 7:13:20 GMT 12
Another banger by Trotter.
I feel like this line sums up the left impeccably.
'a government that wants nothing more from them than their vote'
Crossing A Line
How the Labour Party can navigate an issue on which its supporters are evenly divided
Chris Trotter
Nov 21
THE EXTRAORDINARY SUCCESS OF the Hīkoi mō te Tiriti leaves Labour with a serious problem. How is it to reconcile the parliamentary party’s fervent adherence to the now orthodox interpretation of te Tiriti o Waitangi, with the scepticism – even outright opposition – of its electoral base? When it comes to the Treaty Principles Bill, how does Labour stay on the safe side of one red line, without crossing another?
By all accounts, the huge demonstration of Tuesday 19 November left most Labour MPs feeling inspired and vindicated, in equal measure. With the roar of fifty thousand Hīkoi participants ringing in the ears of Labour’s caucus, their unequivocal opposition to the Treaty Principles Bill doubtless struck its members as the party’s only viable political option. Certainly, any other stance would not only have rebounded to the advantage of Te Pāti Māori and the Greens, but also opened up deep fissures in Labour’s own parliamentary ranks.
As the content and purpose of David Seymour’s legislation percolates down to Labour’s electoral base, however, the parliamentary party’s opposition to the Treaty Principles Bill is likely to raise some difficult questions. If the answers provided to Labour’s more conservative Pakeha voters fail to convince, then the party could lose them.
Polling data released by David Farrar’s Curia Research shows around one-third of Labour party-voters supporting the Treaty Principles Bill. In happier and more democratic times, that level of support would have been readily discernible at both the branch and regional levels of the Labour Party. Individual Members of Parliament, acutely sensitive to their electorate’s political temperature in those far-off First-Past-the-Post days, would have cautioned against allowing the caucus’s soft ideological heart to rule its hard political head.
Today, in the Labour Party that first Rogernomics, and then MMP, so radically reshaped, the opinions of Labour supporters don’t carry anything like the same weight. Forty years of upholding the neoliberal order in New Zealand have left their mark on Labour. From a party organically linked to the interests and aspirations of the working-class, Labour has become a tightly-controlled political vehicle for the ambitions of the professional-managerial elites. The moral and ideological imperatives of this supervisory social strata do not include accommodating itself to the reactionary reckons of the retrograde classes.
In the increasingly fraught political environment created by the Treaty Principles Bill, the Labour Opposition’s unequivocal alignment with the Bill’s opponents is only likely to intensify, even as up to one-third of Labour’s support-base grows increasingly restive with the stance of their parliamentary representatives. This is not a situation which Labour can afford to tolerate for very long. The risk of precipitating a decisive break in core electoral allegiances is simply too high.
Presumably, Labour’s senior leadership is banking on the voting-down of Seymour’s bill, in or around May 2025, putting the whole issue to bed. Whatever misgivings Labour’s working-class Pakeha voters may have about the party’s position on the legislation will then fade away and political life return to normal.
But, there is a glaring problem with Labour’s plan. (Which is almost certainly National’s plan as well!) If it is to succeed, then Act must also be willing to let political life return to normal. Quite why Act would do that is hard to fathom. Its coalition partners’ complicity in the defeat of the Treaty Principles Bill presents the party with an opportunity to persuade disgruntled National and NZ First supporters to desert their pusillanimous parties for the steadfast ranks of the libertarian-capitalists. Far from allowing things to quieten down, it is in Act’s clear political interest to rark things up. The ideological divisions exposed during the Justice Select Committee hearings on the Treaty Principles Bill are, therefore, much more likely to widen than close.
The other problem with Labour’s plan is that it does not adequately factor-in the impact of NZ First’s proposal (made known and fully sanctioned in the 2023 Coalition Agreement) to excise all but the most inconsequential references to the principles of the Treaty of Waitangi from existing legislation. It is impossible to see either Te Pāti Māori, or the Greens, acquiescing meekly in the face of what they will doubtless condemn as yet another attack on te Tiriti. And if Te Pāti Māori and the Greens are in the fight, then Labour must be in it too.
There is, consequently, no possibility of political life returning to normal – not when so many parties have a clear interest in keeping New Zealand’s political life as abnormal as possible.
It is possible that Labour has already convinced itself – or soon will –that all the real, on-the-ground, political momentum now lies with Māori nationalism and the Left. Certainly, the forty-to-fifty-thousand people who turned up in support of the Treaty on 19 November argue strongly for that conclusion. It is, however, equally arguable that the political mobilisation represented by the Hīkoi mō te Tiriti was the response of a movement that fears its position is weak, not strong. From the perspective of Māori nationalists and the Left, Curia Research’s finding that 46 percent of New Zealanders support Seymour’s bill, while only 25 percent oppose it, is hardly encouraging. Hīkoi, or no Hīkoi.
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The admirable discipline of the Hīkoi mō te Tiriti certainly points to its organisers’ acute awareness that anything other than impressive demonstrations of aroha and kotahitanga is liable to prove fatal to their cause. Nothing will rally Pakeha New Zealanders to the side of Act and NZ First faster, nor cause them to abandon more completely those parties whose commitment to equality and democracy is seen to be less than fulsome, than acts of violence and/or destruction undertaken in the name of te Tiriti.
The singular tragedy of the present historical moment is that Labour’s strategists are incapable, ideologically, of perceiving the vast opportunity opening up in New Zealand politics for a party that celebrates, rather than fetishises, the Treaty of Waitangi; draws moral strength from New Zealand’s egalitarian and democratic traditions; promotes a more decentralised, locally-controlled economy; and defends the untrammelled sovereignty of an accountable, facilitative, empowering, and, most importantly, colour-blind New Zealand state.
Such a party, and Labour used to be one, would be free to challenge the dismal and demoralising policies of the Right, without being dragged down electorally by the obnoxious and indefensible policies of, for want of a better word, the “woke”. Were Labour to re-engage with the philosophy that made New Zealand such a treasured place to stand for all its people, then it would have no need of either the Greens or Te Pāti Māori.
But Labour cannot be convinced, any more than the United States Democratic Party could be convinced, that citizens will not be shamed into electing a government that wants nothing more from them than their vote. That ordinary working people will not support politicians who show every sign of neither liking, nor understanding, them, and who loftily disdain their most cherished beliefs and values.
New Zealanders will knock down anyone who suggests that Māori are not the equals of Pakeha, but they will never consent to the creation of an Aotearoa in which the reverse is true. If Labour crosses that red line, or looks the other way as others cross it, then it should not expect to govern New Zealand for a very long time – if ever.
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Post by ComfortZone on Nov 22, 2024 7:27:45 GMT 12
Jim Farmer, NZ's most senior KC (and serial yacht owner with multiple Georgia's) has posted his view www.jamesfarmerqc.co.nz/Legal-Commentary/why-i-did-not-sign-the-letterone statement stands out In essence, I think that KCs should not be acting collectively, using the status of their appointment, to enter the political arena in a manner that they must know will achieve nothing and, given the assurances that National will not support the Bill into law, is an exercise in futility. To me, that is demeaning of the rank of King’s Counsel and undermines the principles of individual independence and political neutrality that should characterise a King’s Counsel.
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Post by ComfortZone on Nov 22, 2024 7:35:34 GMT 12
This is very interesting, there is a guy who posts as "The Doctor" in BFD General Discussion quite regularly, and is a follower of the "Sovereign Citizen" movement, has posted this comment on the Declaration-
1. Each of these secure the private men on the land. He Wakaputanga established a trust that holds this land. The imperial laws application act secures the rights of private men and the Maori land act connects the two together. Men (including white ones) can hold land in the private in a Maori incorporation. One was established for them in 2010. While He Wakaputanga allows for a general assembly of Nu Tireni called the Wakaminenga that can set the rules of the land. There is no need for a corporation or the UN or a fake parliament or any of it. All the tools are sitting there waiting for us to use them thanks to the foresight of King William IV, the old chiefs and the Maori Regent Hohepa Mapiria aka Joseph (“Joe”) Murphy. It is not about gratitude and it is not even about colonisation (the word is a cultural Marxist trigger). It is about the law and remaining honourable. 2. The King William IV and Queen Victoria signed up to be the trustees to this land. Certain terms and conditions apply to the trust. We need to honour those terms and conditions. But in 1986 the idiots in government repealed the New Zealand Constitution Act 1852 even though it is forbidden by the Statute of Westminster Adoption Act 1946 and that means the Dominion of New Zealand does not have a constitution any more. And all the men on the land were stripped of our rights (including land rights) as a consequence. Maori Regent Hohepa Mapiria (Joseph Murphy) applied to Queen Elizabeth II and she honoured her duty as trustee by appointing three Maori Regents. These regents arranged for the passing of two very important statutes both in New Zealand and more importantly in Westminster. The Imperial Laws Application Act 1988 restored the common law to this land and thereby restored men's rights. The Maori Land Act 1993 enabled all men on the land to secure their land through Maori Incorporations. It is time for us to give the de facto corporation pretending to be government the shove and honour both He Waktaputanga and Te Tiriti o Waitangi. I think we should rename New Zealand Independence Day (28th October) Maori regent gratitude day.
Bit out there, but there is a legal trail....
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Post by dutyfree on Nov 22, 2024 17:08:58 GMT 12
I wont be voting National again anytime soon. Not because of the non-support of the Treaty Principles Bill, but because they will not engage or state their position on partnership, co-governance, "dual sovereignty".
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Post by harrytom on Nov 22, 2024 18:17:10 GMT 12
I wont be voting National again anytime soon. Not because of the non-support of the Treaty Principles Bill, but because they will not engage or state their position on partnership, co-governance, "dual sovereignty". I would like to ACT withdraw support as a coalition partner and force a snap election
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