Crown shows some sense

The Crown Prosecutor applied for and was granted a stay of proceedings on the charge of participation in an organised criminal group following the massive police disaster called Operation 8. There will be no retrial. It is finally coming to an end.

The reasons given by the Crown for a stay of proceedings were (from No retrial of Urewera Four: Judge):

• the organised criminal group charge only had a maximum penalty one year more than the firearms charges so the end sentence would not have been altered much
• five years have elapsed since the charges were laid and a retrial would likely have had to be held in 2013
• the retrial would have added further expense to "what is already a high cost case"
• there had been an "unprecedented media coverage and commentary" about the case which may have jeopardised the fairness of any retrial

All of these points were also largely true of the original trial, re-enforcing the impression that the Crown never expected a conviction on the criminal group charge anyway. It looks like it was an attempt to add some weight to the charges, in order to justify the incomprehensible actions of police around October 15th 2007.

In addition, the criminal group charge allowed otherwise inadmissible evidence to be used to get the firearms convictions. In early September 2011, the Supreme Court upheld the High Court’s ruling that much of the evidence collected under Operation 8 was unlawfully obtained and could not be used. This meant that all charges against 13 accused were dropped. For the four accused of participating in a criminal group, the court found that the seriousness of the charge justified the use of unlawfully obtained evidence. Now that the criminal group charge is off the table, surely the evidence that came with it should be inadmissible. Even by the standards of the criminal justice system, it is unjust to convict these four of firearms charges based on unlawful evidence.

I want to finish by again quoting Hone Harawira on the injustices stemming from Operation 8 (Justice denied to the people of Tuhoe): There has been no apology, there has been no compensation, there has been no public acknowledgement of the need for change in police operations or for new engagement policies as a result of the litany of errors we now know as Operation 8.

For the four accused and their whānau, I am stoked that there will be no retrial. It was a relief to hear that the Crown has the ability to make a reasonable decision. For all of the people hurt by Operation 8, I wish the Crown had shown any sense earlier.

Why is the hīkoi important?

The Aotearoa is not for Sale hīkoi attracted around 8 000 participants in Auckland on Saturday, and continues to attract support as it passes through other towns. There are many different reasons for joining the hīkoi—to oppose asset sales, to support workers rights, to oppose dangerous drilling and mining practices, to oppose foreign ownership of land, to support tino rangatiratanga. If the conversations on my facebook page are representative of wider opinion, there should be about 3 million people joining the hīkoi by the time it gets to Wellington (whereas if the mainstream media reflects reality, then the hīkoi started and finished in Auckland last weekend). There’s also been a few criticisms of the hīkoi—that it’s not explicitly challenging capitalism, that the organisers are using dog-whistle language for nationalism and racism, that the involvement of a range of political parties makes the messages of the hīkoi so weak as to be meaningless. I want to talk about why I am supporting the hīkoi.

To some, capitalism is at the heart of all the issues of the hīkoi (for example, anti-capitalism must feature at hikoi against asset sales). To me, colonialism is the fundamental issue, and capitalism is just a part of that. I will be on the hīkoi to support tino rangatiratanga.

Tangata whenua have a whakapapa relationship with all elements of the environment—land, air, water, plants, animals, etc.

“The genealogy spreads in an ever increasing web of relationships from the single ancestral source. It includes the spiritual aspects of existence that are common to all things. The bond this creates between humans and the rest of the physical world is both immutable and unseverable.” (Nin Tomas 1994 “Implementing Kaitiakitanga under the RMA” New Zealand Environmental Law Reporter 39, p 40)

This recognises people as part of our environment, interdependent with our environment, with the same sort of responsibilities that we have to any of our whānau. Just as whakapapa is unseverable, so too are the responsibilities of whakapapa. Whoever the Crown recognises as the legal owners of land, minerals, water or fisheries, tangata whenua retain the responsibilities of whakapapa (I discuss this in more detail in an earlier post, Te Wao-Nui-a-Tāne, Wai 262 and the Mataatua Declaration). To me, tino rangatiratanga means the ability to assume those responsibilities. Protecting the environment from dangerous practices, such as deep-sea oil drilling or allowing nutrient rich run-off into streams, is a whakapapa responsibility—kaitiakitanga. The Crown sees the ability to make decisions about the environment as a right of its sovereignty.

The Crown has assumed sovereignty and tried to ignore or diminish the rangatiratanga of tangata whenua. I don’t want to spend much time writing about how tangata whenua have been pushed off land, because it is well documented. Taking my iwi (Ngāi Tahu) as an example, where there were ‘sales’, the Crown purchasers behaved dishonestly, promising things they didn’t intend to deliver, and changing deeds after they were signed; the Crown did not attempt to honour its side of many agreements, but expected tangata whenua to honour theirs; some agreements were made under threat; the Crown and tangata whenua always had different understandings and expectations of the agreements (see Harry Evison 1997 The Long Dispute for more enraging detail). Other land was taken for “public works”. Dismissing tikanga Māori, and in breach of its own laws, the Crown ignored all this. It kept some land to itself and sold the most valuable to early colonists (the massive profit was used to build up its government and militia). The Crown has acted as if it behaved morally and legally; this can only be true if Māori are considered irrelevant (although the 1893 Native Land (Validation of Titles) Act, commonly known as the Validation of Invalid Land Sales Act, does suggest that the Crown eventually felt it was important to be seen as subject to its own laws, and so changed them).

Despite all this, in struggling to enact our rangatiratanga, I believe we are in a stronger position fighting against the Crown, than fighting against foreign investors and corporations protected by the Crown and international laws. Māori fought to have Section 9 added to the State Owned Enterprises Act 1986 because it was recognised that the Crown is an easier target than private owners. Part of this is because of the Treaty of Waitangi Act 1975 (S6 (4A)), which ring-fenced all privately owned land from Waitangi Tribunal recommendations. However, I see local ownership as less of a problem, because it only affects domestic law—parliament can change it as easily as it was invented. I think the Crown will be more likely to protect foreign investors and corporations, because it affects our international agreements. Asset sales and sales to offshore of land and resources is an issue of rangatiratanga.

Capitalism itself is a product of western thinking—the focus on competition, individuality, hierarchy, power over, exploitation; the replacement of deep relationships with our environment and each other, with the abstraction of money. The fundamental assumptions of capitalism are western, they are foreign to a Māori understanding of reality, but they are imposed on all of us by the Crown. Tino rangatiratanga means re-centering Māori understandings of reality.

I am hoping the hīkoi is an opportunity for us all to talk about our different realities and reasons for standing against current government policies. I hope that it will be an opportunity for many to learn what tino rangatiratanga and colonisation really mean. I hope we will get to discuss our different understandings of our world and relationships.

Aotearoa is not for sale, coming to a town near you

The hīkoi is well and truly underway—starting April 24th



The schedule for the hīkoi is below, along with some information about it (taken from the Facebook event). The National-led government is really getting into its anti-Māori, anti-poor, anti-education, pro-corporate, neo-liberal workload. The hīkoi is an opportunity not just to stand against asset sales, but to get involved, to connect and organise for justice. Turn up, talk to people, find out what is happening in your area—support the hīkoi.

Aotearoa is not for sale Hikoi 2012

What is this Hikoi about?
This Hikoi is to demonstrate public opposition to privatization and the continued selling of our countries natural resources, land and public services to private investors.

Who is leading the Hikoi?
This Hikoi is a non-political event providing an opportunity for all people across all sectors to oppose privatization. Therefore it is not being organized or led by any particular political party or group. The “Frontline” of the Hikoi will be led by Kaumatua (Elders) and mokopuna (grandchildren). As the hikoi move across the country it will be led by the local iwi and community members of the territory we will be passing through.

Who is welcome to participate?
This event is open to all concerned people, we urge participants to bring their friends whanau, groups, and organisations

Why now?
The government is currently attempting to push through a number of laws that will further undermine the economic sovereignty of our country. In addition large blocks of land are being made available for purchase by foreign companies and individuals.

At the same time there is currently an aggressive oil drilling and mining tendering process that is opening up large areas of both the marine environment and on land including private Maori land and reserve lands. The Government is trying to push these matters through parliament while engaging in whirlwind “consultation” processes that we don’t believe they have any integrity. Now is the time to put pressure on the government to abandon the privatization agenda.

Isn’t the government claiming that they have a political mandate from the people to proceed with privatization?
Opinion polls taken prior to last year’s election reported that 80% of New Zealanders were opposed to asset sales. It is also reported that over 75% of eligible voters did not cast a vote at the last election. The mandate that the government is relying represents a small minority of its actual citizens

Will this campaign succeed?
It will if enough people support it. When the government announced that it was going to mine conservation land 50,000 people marched in Auckland and forced the government to abandon the policy.

The FSSB Hikoi failed to change the governments mind why will this one?
The government of 2004 and successive governments and their agents have played upon the fears of the non Maori population by suggesting that Maori people are seeking “advantages” “rights” and “privileges” that will disadvantage the rights of the general population. By playing the race card they created enough political will amongst the population to deny Maori the opportunity for Maori claims to the FSSB to be heard in court. However the issue of privatization transcends the question of race and culture, all citizens of this country stand to lose from privatization and this provides an opportunity to stand together and defeat this policy.

Is the Hikoi going to arrive in Wellington only to disband and go home again?
Upon arrival in Wellington there will be a one-week series of events, activities and demonstrations that will take place in and around Wellington. Accommodation will be provided for those from out of town.

Where will the Hikoi members stay while on the road?
Marae and other community facilities will be made available for those traveling as part of the Hikoi and preference will be given to elders and children although we urge parents to be responsible about the participation of young children.

What is the alternative?
The alternative is to establish controls on the power of government that limit their ability to make up the rules or policies as they go along. To establish a vision for our society that is determined by the citizens and not the politicians and then have this vision imbedded constitutionally as the highest form of law and therefore ensure that these rights, freedoms and responsibilities cannot be tinkered with at the whim of politicians, political parties or their agents. There will be a consitutional transformation wananga in Wellington as part of the event.

Are there any rules?
Yes most certainly! No alcohol or drugs, no violence, no sexual harassment, no racism, abide by the instructions of the local leaders and road marshals Learn and abide by the rules of the Marae where you will be staying (if in doubt ask a local)

There will compulsory singing, laughing and whanaungatanga (fellowship).

What will I need to bring?
Bring two friends to provide support while you are on the road, be prepared to take reasonable measures to be self reliant so bring a small tent, blanket or sleeping bag, water bottle, good walking shoes, warm clothing and a rain proof jacket, placard and signs, flags noise makers etc. Take responsibility for any special diet needs you may have.

Do I have to come all the way?
No, Participate in your local area as the Hikoi travels through your town, you may be able to support the event in your region. Come to Wellington for the last part of the Hikoi if you are unable to participate in the whole event. THIS WILL BE THE MAJOR ASPECT OF THE HIKOI!

How can I support this event?
Tell as many people about it as possible (Face book, Twitter, Talkback radio, word of mouth) get a little group together to help organize awareness, distribute posters in your area, donate any spare produce to the local Marae where the Hikoi will be staying in your area. Contact you local organisor and offer assistance.

Where can I get more information?
Email: rangiwhero@gmail.com

No justice in Operation 8

Hone Harawira has it right (Justice denied to the people of Tuhoe). The defendants and a few others are claiming the verdicts as a victory (eg, Urewera retrial unlikely and Urewera charges don’t stack up), and you can understand why. It must be a huge relief that this specific part of the police campaign of harassment is (fingers crossed) over. But in terms of justice, it is not a victory. The outcome of this trial was never going to be a victory for justice, because the wrong people were on trial.

In his keynote address to the Māori criminal justice colloquium in 2008, Moana Jackson described justice as a system which helps us deal with wrong by re-enforcing what is right, which helps us deal with hurt by dealing with those who are hurt, by helping us deal with injustice by re-defining what is injustice and what is just in our terms. Such a system is focused on avoiding and putting right social harm. It is a definition which makes sense to me.

If we use this definition to look at what happened on and since October 15, 2007, it is clear that one party is responsible for social harm (eg, from the Herald). On October 15, police smashed their way into houses around the country, and attempted to terrify everyone they found—shouting, pointing guns, holding people captive. They blockaded an entire community, stopping and searching cars, photographing occupants, all at gun point. All of this was indiscriminate, children and adults were targeted. Around 20 people were taken and held for a month. Since then, police have harassed those who were arrested, through the courts with ridiculous bail restrictions, and also on the streets. Governments have allowed and defended this behaviour; for example, Helen Clark used the media to say those arrested were guilty before charges had even been laid ( PM: activists trained to use napalm), while John Key “says there is no need for an inquiry into how police and the Crown handled the Te Urewera raids case” (Te Urewera trial cost). As recently as three weeks ago, while the Operation 8 trial was in the news, the police were still harassing the people of Ruātoki (Residents terrorised after police raid wrong house), and were lucky not to seriously hurt anyone.

Of all the evidence that was presented in the media and in court, culled from hundreds of thousands of pages of evidence collected, there is only one example of anyone other than the Crown causing harm to others (Apology followed shots). Four and a half years of harassment and vilification of those arrested, their whānau, the residents of Ruātoki, and Ngāi Tūhoe in general, does nothing to fix that harm.

We are expected to believe Ruātoki is a community of terrorists, and yet they have faced these years of provocation and threats without retaliation. The police have tried to humiliate and demonise these people, and have failed. They have been caught red-faced as the bullies they are.

But the police have not been on trial, and according to John Key, there is no need for them to be. As Hone said: There has been no apology, there has been no compensation, there has been no public acknowledgement of the need for change in police operations or for new engagement policies as a result of the litany of errors we now know as Operation 8. Those would be the first steps towards justice in this appalling mess.

My job

I recently had to come up with an answer to why I love my job, which is at Te Wānanga o Raukawa in the Whakatupu Mātauranga and Ahunga Tikanga groups. I struggle with guilt at being essentially an academic, and it was good for me to think about what I do and why I think it is important work (which is a different question, but related). Now that I’ve finally managed to put something into words, I thought I would share it.

The Ahunga Tikanga programme is premised upon the understanding that tikanga is the first law of Aotearoa. (Mikaere, 2012)
If tikanga is the law, then kaupapa is the philosophy from which that law or ethics develops. Working in both Ahunga Tikanga and Whakatupu Mātauranga gives me the opportunity to explore kaupapa as a philosophical framework—does it align with my values? Does it provide an antidote to the problems caused by the effects of colonisation? Where does it take me when I use it to examine issues that are affecting us now? So far, the conclusions kaupapa take me to have always been fantastic—consistently humane and sensible, and often unexpected. This is both a relief, and very exciting.

The next challenge is living up to these conclusions, finding ways to implement them under the pressure of an imperialistic system based on a very different philosophical framework. In lots of cases, acting according to kaupapa requires us to do things differently to the way our tūpuna would have, because the environment and problems we face are different to those of our tūpuna. Sexual diversity is an example that I’ve written about before on this blog (Sexuality and Tikanga Māori). There is no evidence that our tūpuna cared about same-sex sexual behaviour; it was accepted, and there is evidence that it was occasionally celebrated. Because we now live in a homophobic dominant culture, where the most common messages about homosexual behaviour are negative, we need to talk about sexuality differently—we need to actively celebrate sexual diversity to counteract the poison of homophobia.

Another example is how we value each other’s skills and contributions to the community. Our tūpuna didn’t live in a dehumanising market that attaches value to people based on what they do, that creates workers and bosses whose goals will always be in opposition to each other. According to kaupapa, all work is important and we do it together—some may be cleaning toilets, some growing food, some fixing sick people, but it is all necessary work, without which we can’t function as a community. How can we live up to this when our land and resources have been taken? There are many pathways to reasserting our rangatiratanga, and kaupapa provide a test of their appropriateness.

There are several things I love about my work. There are the people who I learn from, who are fearless at looking to the past, knowing that their tūpuna have an academic tradition as worthy as anyone else’s. There is the exploration of kaupapa. And there is sharing with and learning from students. Exploring what kaupapa mean and how to apply the philosophy in our work is so fun, fascinating and meaningful, I can hardly believe I’m getting paid for it. My confidence in kaupapa as a political framework is growing. It is accessible and relevant in a way a lot of western political theory is not—there is no kudos in making it seem more complicated than it is, nor in abstracting it from our reality. The value is in our ability to use kaupapa to think about our lives and the futures we want, and to work out what we need to do to get there.

In solidarity

Ka tau taku aro ki ngā tāngata toko whā i tū tonu i te kēhi o Operation 8, koutou ko Ngāi Tūhoe, ngā whānau katoa kua whakawhiua i taua kēhi. Ka whā ngā tau o te hawene me te māngeongeo. Ka tae mai te wā kōti, he wā rararu anō. Ka aroha ki a koutou. He rā ki tua.

He kupu ruarua noa iho, hei tautoko i a koutou, i te mana motuhake o Tūhoe, me te tino rangatiratanga o ngā tangata whenua katoa.

Kia kaha kia māia kia manawanui.

• Drop the charges
• Repeal the Terrorism Suppression Act
• Justice for all those raided, especially Ngāi Tūhoe
• Support Tino Rangatiratanga and Te Mana Motuhake O Tūhoe

Symbols of change

This is shaping up to be an interesting year. There are so many really big issues developing, it’s hard to know where to look.

The distractions

The National Party has hit the ground running. As its second term gets underway, it seems intent on showing what it thinks of tangata whenua, while at the same time, shrinking the only ministry that could give them good advice on these issues.

Key is big on dismissing anything that he doesn’t like the look of. Back in 2010, as soon as the Māori Party announced that New Zealand had signed the UN Declaration on the Rights of Indigenous Peoples, Key dismissed it as symbolic. When he heard that Māori were upset at the proposed dropping of section 9 of the State Owned Enterprises Act, he pulled that word out again—according to him, section 9 is “largely symbolic”, showing either his ignorance or cynicism (great commentary at pundit: if it’s just a symbol, why do you care?). As the Herald points out, section 9 of the SOE Act was a turning point in New Zealand legislation. Many Māori will fight to hold the Crown to the promises of section 9, whether or not National successfully sell off a portion of the SOEs.

National’s attempts at getting rid of section 9 have both the Māori Party and the Māori Council on their feet preparing for that fight. John Key’s response to both is, well, dismissive. When Tariana Turia says the Māori Party will have to consider its position in government if an appropriate solution isn’t reached, Key responds "I'm extremely confident the Maori Party will remain part of the Government for the next three years." He reckons it isn’t a deal breaker, and a solution can be found, but his dismissal of Turia’s concerns oozes smugness (PM confident Maori Party will stay). In return, she posted a full page ad in the Herald schooling Key, and explaining why it is important that she stand her ground on section 9. Key’s mantra that the Māori Party will continue to support the National Party on confidence and supply must be frustrating the Māori Party. Every time Key says this, dismissing the Māori Party’s own assessments, he diminishes them. This looks more like a parent-child relationship by the day. They must realise they need as much distance from National as they can to have any hope of surviving. I’m looking forward to developments.

The Māori Council is asking the Waitangi Tribunal to stop the planned sales of SOEs until it has heard a claim that Crown management of freshwater and geothermal resources breached the treaty of Waitangi, and whether the Crown is acting in good faith (Waitangi Tribunal claim seeks to halt asset sales). The Council is asking for the return of water resources, or a large portion of the state owned energy companies as compensation. I don’t know what relationship National has with the Māori Council, but after the years Graham Lattimer put in for the Party, he must be disappointed at the way Nick Smith and Key are discrediting the Council and their claims. Smith is trying to make them look unreasonable with statements that they hadn’t come to see him in the three years he has been responsible for fresh water issues—he doesn’t mention whether he has made any contact with them. He calls the claims divisive, and says arguing about the ownership of water is neither practical nor useful. He is using the perennial favourite when Māori want ownership of a resource returned—you can’t own natural resources. Nevermind, that the Crown act as if they have ownership, or that they took it from Māori. The Crown will redefine the English language if need be to retain control over resources. And Key is being dismissive: “water ownership a no-brainer” and “anyone can go to court, but court over what?” (Tribunal action sought over asset sales). Key refuses to acknowledge that there are ways of looking at the world other than the western legal system. It’s good to see the very respectable Māori Council back in the fray.

(I also heard Key on the radio this morning saying he wasn’t concerned about the Waitangi Tribunal holding up sales of SOEs because their decisions aren’t binding—but I don’t know what station I was listening to, and I can’t find reference to him saying this. If I could find a reference, I would add this to the list of things Key says are symbolic.)

Meanwhile, Bill English used the raru at Te Tii to insult Māori on Waitangi Day: “If the northern tribes could run a marae properly, New Zealand might have a more positive view of the Treaty.” Which also implies that Māori aren’t part of New Zealand (all are insulted by Dipton dipstick). Nice one Bill. Personally, I think the reason most New Zealanders have little respect for the relationship between Crown and Māori is because we have such an appalling education system that most of us don’t know our history.

With enough National ministers talking enough crap, even the more conservative Māori organisations are calling them out. When we’re all back on the same page, things are going to get fun.

The bullshit

There will be plenty of court cases to enrage us this year, as there are every year. The first big one will be against the remaining Operation 8 defendants. This is the case stemming from the arrests of around 20 people in 2007. After a year of surveillance, houses were searched in Auckland, Hamilton, Tauranga, Ruātoki, Whakatane, Taupō, Palmerston North and Wellington, including 300 police shutting down an entire community. All up, the operation cost around $8 million, and they found a total of four firearms plus ammunition. Insufficient evidence has meant charges have been dropped against all but four defendants. The Crown will try to justify its violation of Ngāi Tūhoe and all those targeted by Operation 8 by going hard against the four remaining defendants. There are heaps of issues worth discussing in this; it is another case that looks like it’s about one thing, when actually, it’s all about colonisation and sovereignty. As Moana Jackson said: "the colonisation of Māori ... has always been about the dispossession and ... terrorising of innocent peoples. ... indigenous peoples being defined as a threat whenever they have questioned their dispossession... The real or perceived ‘threat’ has always then been met with violence." (Jackson, p2 in Terror in our midst? Searching for terrorism in Aotearoa New Zealand).

There will be the fights to defend our whanaunga, Papatūānuku, Hinemoana, Tangaroa, Ranginui. There will be the court cases that try to redefine our sovereignty. There will be all of the day to day ignorance.

The real mahi

While holding on to the little we’ve got in the face of this crap is distracting, Māori are quietly working on some really big issues. An independent constitutional working group – Aotearoa Matike Mai has been discussing constitutional models for the country. The group is convened by Margaret Mutu, chaired by Moana Jackson, and made up of members nominated by Iwi, co-opted for their expertise, and representing particular interests such as Urban Maori Authorities. They are working with whānau and hapū around the motu to develop a constitution based on Te Tiriti and reflecting tikanga Māori.

The WAI 262 report came out last year, and while the recommendations are conservative and disappointing, the claim and the report itself still provide a leaping off point for us. The Iwi Chairs Forum has agreed to support an Interim Taumata, to engage and work out how we can use the WAI 262. Remember this was the Waitangi Tribunal’s first whole of government inquiry, it shouldn’t just affect all branches of government, it will change the way government is imagined. This work should tie in with the independent constitutional working group’s, and I have no doubt that the results will be exciting.

There are also always tauiwi who are willing to engage genuinely. I’m looking forward to hearing back from the Decolonise you mind hui last weekend, which focused on “the connections between racism, sexism, colonisation, classism and other oppressions, and working in predominantly pakeha activist scenes... and how these things affect us and the feminist/ social justice/ peace/ revolutionary/creative work we do.” I look forward to hearing about other exciting projects this year.

So, a big year. There will be many projects and many fronts. For those of us who have been taking a break, it’s time to prioritise, think about what we can give, where we fit in, and to reconnect with the struggle.