An interesting read with some pertinent observations and implications. As an immigrant of 40 years now, I think every kiwi of voting age should be required to have read at least one book that explains how Te Tiriti came about, the historical background to European settlement and the impact that this has had on Māori as Tangata Whenua. For an outlier party like ACT is, to be able to infer that they have the solution to settle treaty issues and understandings is a gross arrogance and dangerous precedence . As the tribunal has already noted concerning the bill that it “…..is a solution to a problem that does not exist; there is no policy imperative that justifies it; it is ‘novel’ in its Treaty interpretations; it is fashioned upon a disingenuous historical narrative; its policy rationales are unsustainable; and its current text distorts the language of the Treaty/Te Tiriti.” I would love to see an upper house introduced that represented the very best examples of expertise in Te Tiriti o Waitangi to preside over every new piece of legislation that any new government sought to introduce as law. For too long Aotearoa New Zealand has paid lip service to the true meaning of partnership as it has steamrollered a mainly Eurocentric narrative for the evolution of this wonderful country.
Useful analysis Grant. Appreciated. The WT report appears to be a long way from addressing historical grievances and while I am far from convinced that David Seymour's commitment to refine/define the principles of the Treaty will generate a worthwhile debate, I am seriously uncomfortable with the WT opposing the introduction of the bill before we have even seen it. Sure National (and NZF) have indicated it will not go beyond the First reading stage but as part of the Coalition agreement ACT has the legitimate right to put their Bill to Parliament. It is the elected representatives of parliament that get to make these calls (and we don't like them we can vote them out) not Govt appointed bodies such as the WT.
In effect Luxon announced the end of ACT’s bill before it is drafted at the Ngaruawahia meeting. As an aside why do politicians go to these private functions? Ratana and then the “king” or as Hone Harawira so nastily described him “the Hereditary Mayor of Huntly”. The question now is what next? The principles must be defined. Maori and the rest of NZ will never agree - they are so far apart that it makes Hamas and Israel look like buddies. National will want to kick the can down the road - that’s in its DNA - but this time that’s not good enough. So, Mr Luxon, what’s your plan?
Great article by Sir G. He offers a general solution: "I have spoken many times before of the need for a constitution in this country." But to approve a new constitution, we need a referendum... Is anyone up for that?
All of the Waitangi Tribunal's reports have extensive discussion of the principles of Te Tiriti, so 'the principles' are way more discussed and developed than just what the courts have said in the past.
And isn't is a big stretch to treat a recommendation as an iron cast order to the government to do something?
A iron-cast order sounds a lot different from a recommendation. The law says the Tribunal makes recommendations. Democratic constitutions generally have separation of powers between courts and parliaments.
Ps. Every time an AI image is used it further threatens real artists who rely on freelance work in putting food on their table and a roof over their heads. Please…..PLEASE….. do not use AI generated artworks or images
As a freelance writer, I know what you mean, especially with the recent controversy about a NZ Herald editorial that was apparently AI-generated. But I'm not an artist and wouldn't inflict my artwork on you. And yes I do consult ChatGPT sometimes. The future is coming.
Just to labour the point for a moment or two. We can't have a 'bob-either-way'. Using images that are not AI generated is easily accomplished as there are lots of artist created that can then be attributed. This is not Luddism, rather a determination to retain the mark of authentic human creativity. This is the thin end of a very pernicious wedge that is set to threaten the very bedrock of what it means to celebrate the spark of human presence that has been with us since the early cave painters. What a sad squalid world we allow for if we don't reject AI from all aspects of artistic creativity. My mind shudders every time I witness another robot demonstrating humanesque ability to jump on boxes, do back flips, open doors. Humanity really is creating the circumstances and the implements of our own demise!
Great analysis - its a shame this will not be read by more people, but the 'more people' are usually the New Zealanders flat out trying to get ahead, look after their families, etc etc. So its the activists (eg the Tribunal) who have the time and resources to push on relentlessly in furtherance of their own agendas.
An interesting read with some pertinent observations and implications. As an immigrant of 40 years now, I think every kiwi of voting age should be required to have read at least one book that explains how Te Tiriti came about, the historical background to European settlement and the impact that this has had on Māori as Tangata Whenua. For an outlier party like ACT is, to be able to infer that they have the solution to settle treaty issues and understandings is a gross arrogance and dangerous precedence . As the tribunal has already noted concerning the bill that it “…..is a solution to a problem that does not exist; there is no policy imperative that justifies it; it is ‘novel’ in its Treaty interpretations; it is fashioned upon a disingenuous historical narrative; its policy rationales are unsustainable; and its current text distorts the language of the Treaty/Te Tiriti.” I would love to see an upper house introduced that represented the very best examples of expertise in Te Tiriti o Waitangi to preside over every new piece of legislation that any new government sought to introduce as law. For too long Aotearoa New Zealand has paid lip service to the true meaning of partnership as it has steamrollered a mainly Eurocentric narrative for the evolution of this wonderful country.
Very hard to make anyone read anything these days. I've tried it.
Thoughtful analysis thanks.
Useful analysis Grant. Appreciated. The WT report appears to be a long way from addressing historical grievances and while I am far from convinced that David Seymour's commitment to refine/define the principles of the Treaty will generate a worthwhile debate, I am seriously uncomfortable with the WT opposing the introduction of the bill before we have even seen it. Sure National (and NZF) have indicated it will not go beyond the First reading stage but as part of the Coalition agreement ACT has the legitimate right to put their Bill to Parliament. It is the elected representatives of parliament that get to make these calls (and we don't like them we can vote them out) not Govt appointed bodies such as the WT.
In effect Luxon announced the end of ACT’s bill before it is drafted at the Ngaruawahia meeting. As an aside why do politicians go to these private functions? Ratana and then the “king” or as Hone Harawira so nastily described him “the Hereditary Mayor of Huntly”. The question now is what next? The principles must be defined. Maori and the rest of NZ will never agree - they are so far apart that it makes Hamas and Israel look like buddies. National will want to kick the can down the road - that’s in its DNA - but this time that’s not good enough. So, Mr Luxon, what’s your plan?
I guess his plan is to muddle through. It's a Kiwi tradition.
Or change his mind, or support both sides with inaction like he attempts to do with abortion.
Geoffrey Palmer's view:
https://newsroom.co.nz/2024/08/23/geoffrey-palmer-lurching-towards-constitutional-impropriety/
Great article by Sir G. He offers a general solution: "I have spoken many times before of the need for a constitution in this country." But to approve a new constitution, we need a referendum... Is anyone up for that?
All of the Waitangi Tribunal's reports have extensive discussion of the principles of Te Tiriti, so 'the principles' are way more discussed and developed than just what the courts have said in the past.
And isn't is a big stretch to treat a recommendation as an iron cast order to the government to do something?
A iron-cast order sounds a lot different from a recommendation. The law says the Tribunal makes recommendations. Democratic constitutions generally have separation of powers between courts and parliaments.
The conclusions of the report include four statements starting "We recommend ..." (pages 188-189). So the Tribunal is following the law......
Ps. Every time an AI image is used it further threatens real artists who rely on freelance work in putting food on their table and a roof over their heads. Please…..PLEASE….. do not use AI generated artworks or images
As a freelance writer, I know what you mean, especially with the recent controversy about a NZ Herald editorial that was apparently AI-generated. But I'm not an artist and wouldn't inflict my artwork on you. And yes I do consult ChatGPT sometimes. The future is coming.
Just to labour the point for a moment or two. We can't have a 'bob-either-way'. Using images that are not AI generated is easily accomplished as there are lots of artist created that can then be attributed. This is not Luddism, rather a determination to retain the mark of authentic human creativity. This is the thin end of a very pernicious wedge that is set to threaten the very bedrock of what it means to celebrate the spark of human presence that has been with us since the early cave painters. What a sad squalid world we allow for if we don't reject AI from all aspects of artistic creativity. My mind shudders every time I witness another robot demonstrating humanesque ability to jump on boxes, do back flips, open doors. Humanity really is creating the circumstances and the implements of our own demise!
I don't share that view, Mike, even though I write poetry, journalism and academic stuff. Perhaps I should write a post on this?
Great analysis - its a shame this will not be read by more people, but the 'more people' are usually the New Zealanders flat out trying to get ahead, look after their families, etc etc. So its the activists (eg the Tribunal) who have the time and resources to push on relentlessly in furtherance of their own agendas.
Yes, it does affect everyone, but the space is taken up by a small number of people, on both sides of a polarised debate.
Kia ora, Kiri. The truth sometimes hides inside the bloody mess.