What does the future of co-governance look like?

Power without being elected

With the impending passage of the Canterbury Regional Council (Ngāi Tahu Representation) Bill, New Zealand will have taken a giant leap in the direction of reducing democracy in local government. It's important to be very clear about what this means:

1. Ngai Tahu will appoint two members of the Canterbury Regional Council (known as Environment Canterbury), they will sit alongside and have identical powers to elected members. 
2. Ngai Tahu members will be selected by Ngai Tahu by whatever means Ngai Tahu deems appropriate
3. Those councillors will have full powers to vote on spending, on taxes (rates), on buying and selling assets and on bylaws.
4. No electors in Canterbury region will be able to remove Ngai Tahu representatives (except of course, those with authority in Ngai Tahu), includes those affiliated with Ngai Tahu who do not have influence with the iwi.

It's very important to recognise what government, including local government actually is. 

Government is an institution with the monopoly of legalised use of initiated force against people and their property, and it devolves some of that power to local government. 

Environment Canterbury has such powers, powers to forcibly take money in the form of rates and to levy the public for services, it has powers to make bylaws and has powers to constrain the use of property. 

In a liberal democracy the constraints on that power come in two forms:

• Legislative constraints (as local government is constrained by legislation and regulation);
• Local democracy (the ability to vote out and replace Councillors who exercise these powers).

Parliament has chosen to weaken the ability of Canterbury electors to do the latter.  The key element in a free liberal democracy is more the ability to peacefully remove people from power than to select those that exercise power, but this legislation removes the right of Canterbury electors to remove two councillors.  Indeed, those councillors are only accountable to those with power in Ngai Tahu, not electors at large.

This is literal corporatism, in which a corporate private entity exercises direct political power, with there being no effective means of removing them (except of course if Parliament changes the law to abolish their position).

Bear in mind there is nothing stopping Ngai Tahu proposing candidates for election now, or funding and supporting the campaign of candidates it approves of, but it doesn't believe that would be successful.  

Bear in mind also that members of Ngai Tahu who are Canterbury electors retain the power to vote for Councillors, they have that power now, but they will also have some influence (it could be a lot or it could be negligible) in the selection of unelected councillors.  Members of Ngai Tahu who are Canterbury electors get two chances at selecting councillors.

Some may say sure but non-resident ratepayers get a vote too. Yes they do, but it is a vote and if they were residents as well, there would still only be one vote. There are sound arguments either way about non-resident ratepayer voting rights, but that is a separate issue.  Note that there are plenty of people affiliated to Ngai Tahu who are not electors in Canterbury too.

Where next?

There are  other examples that have parallels to Canterbury.  The Rotorua District Council (Representation Arrangements) Bill, would have generated higher Maori representation on that Council than their proportion of the population.  David Farrar ably demonstrated how unjust that would have been, as each Maori ward councillor would have represented far fewer people than a non-Maori ward councillor.  The Bill was dropped  in part because the Bill of Rights assessment said Maori wards would have disproportionately higher representation. 

Wellington City Council took it upon itself to include two mana whenua representatives on Council Committees (not full Council). One each from Taranaki Whānui ki Te Upoko o Te Ika and Ngāti Toa Rangatira sit on all Council Committee with FULL voting rights. It justified the idea as contributing towards decision making, but this is frankly absurd.  Having voting rights for unelected councillors (which is effectively what it is) is more than "contributing" it is exercising power.  The representatives also get reimbursed by ratepayers, "by paying each iwi an annual fee, equivalent to the remuneration of a full time elected member, which is currently $111,225".  So ratepayers get to pay for representatives they cannot vote for or against, that exercise power over them.  6 Councillors voted against this nonsense, namely Mayor Foster, Councillor Calvert, Councillor Rush, Councillor Sparrow, Councillor Woolf, and Councillor Young. However, the majority prevailed (Councillor Condie, Councillor Day, Councillor Fitzsimons, Councillor Foon, Councillor Matthews, Councillor O'Neill, Councillor Pannett, and Councillor Paul).

Noting this already happens for Rotorua Lakes District Council, it has iwi representatives with voting rights on Council Committees.

What would need legislation is to enable full Councillors to be appointed by iwi rather than be elected by electors. 

It seems highly likely that the Labour Government, with full support from the Greens and Te Pati Maori, would endorse local government having appointed (not elected) City, District and Regional Councillors, with the rights to vote on your rates, bylaws, spending, sale and purchase of assets and planning rules.

Let's be clear this is NOT the same as Maori wards. In principle, if a Council wants those on the Maori electoral roll to have Maori ward councillors, as it is for Parliament, it does not undermine democratic accountability. Maori electors shifting from general wards to Maori wards changes their representation, but they are still elected and accountable to electors.

Having iwi choose representatives is the same as having any large private interest choose representatives on Council. Councils exist to provide certain public goods and services, but also to regulate activity including planning activity.  Iwi themselves have substantial commercial and property interests.  Consider if Councillors (as some do) have large property or business interests in a district, they are at least accountable to electors, but the iwi representatives are not.  

So could Labour, the Greens and Te Pati Maori require all Councils to have unelected Mana Whenua councillors? Of course.... but could it go beyond that?

Iwi selected MPs?

Te Pati Maori Co-Leader Rawiri Waititi has already expressed his contempt for democracy as being the tyranny of the majority. Now I SHARE this concern, which is why I want the power of government limited, but I don't share his objectives or solution, or his perception of the problem. He wants a separate Maori Parliament which would decide on matters for Maori, although does not explain how that would work in practice.  

Applying the principles of the Canterbury Regional Council (Ngāi Tahu Representation) Bill to Parliament would mean that all iwi would be able to appoint MPs to Parliament (perhaps with some proportionality? or perhaps each being equal?) to have the same voting rights as elected MPs (which Maori would continue to be able to vote for).  

That would make Aotearoa/New Zealand far from being a liberal democracy, as Parliament would be dominated by entities that themselves determine how to select people to exercise legislative power over people and their property. 

This isn't about race, this is about the exercise of powers of coercion and the primary means of constraining that, which is the ability of the subjects of that coercion to exercise a vote to change those exercising that power.

If Iwi Representation were required to enlist electors that are iwi affiliated, removing them from being able to vote for other Councillors (and indeed with numbers of Iwi Representatives proportionate to population of iwi affiliated electors), it would be completely different. It would simply be redesigning Maori wards to fit that model. The same in Parliament. 

If Maori seats were simply redesigned to be selected by Maori voters voting for representatives by iwi (and then there being some system to elect the appropriate representatives across multiple smaller iwi), it would also not be a problematic in applying liberal democracy.  However, if some MPs were just appointed, it would be undemocratic. 

Consider that Myanmar adopts this model, except it is the army that appoints MPs. 

Why do this?

Supporters of the legislation see it as implementing the Treaty of Waitangi, under the interpretation that the Treaty is not just about granting sovereignty over taonga and governorship to the Crown, but about a power-sharing relationship between the Crown and iwi (an interpretation that was largely confined to academic and radical political circles until the 2000s). 

If the Crown, represented by the liberal democracy of the New Zealand Parliament were separate and excluded Maori (as repulsive and Rhodesia like that would be) then this interpretation may have merit. Yet it does not exclude Maori, Maori have the same voting rights as everyone else, and both Maori and non-Maori vote for MPs who are Maori (and non-Maori).  In other words, Maori are represented in Parliament, their views are heard, and communicated by the MPs they elect, both from the Maori roll and the General roll. They are equal in their exercise of power to everyone else. 

Beyond that, consultation and engagement over public policy is extensive and is entirely within the role of a liberal democracy and for consultation with iwi to be treated as being part of implementing the Treaty.  Consulting Mana Whenua is entirely right and correct for local and central government, but when it comes to choosing who gets to exercise the monopoly of the use of legitimised force - through government- it should NOT be determined by unelected people.

For better or for worse, every single MP in Parliament, and up till now, every single Councillor in regional councils, territorial authorities and unitary authorities (et al) have their authority through public endorsement at the ballot box. The worst form of government every devised, except for all of the others tried throughout history, as Churchill was purported to have said.

Sure, I think most central and local politicians are utterly hopeless at defending the rights and freedoms of the public and private property rights, but their power is constrained by the ability of sufficiently outraged electors to throw them out of office.

Unelected politicians do not have such constraints. Be suspicious of anyone who is appointed to exercise legislative and tax raising powers.  

Environment Canterbury disgraces itself by actively seeking to weaken the power of its elected Councillors in this way, and Labour, the Greens and Te Pati Maori have all shown themselves to be parties in enabling this to come to pass. Imagine if Federated Farmers had appointed representatives on rural councils, or Chambers of Commerce on urban councils etc. 

Any future government should explicitly prohibit any local authority from appointing anyone to have voting rights in Councils or Council Committees without having been elected in local body elections, at a bare minimum.  

What's the alternative?

The role of liberal democracy in New Zealand needs to be able to be debated without the kneejerk reaction of "racist" from unreconstructed leftists and ethno-nationalists who want to shut down debate using pejoratives. 

Those who think mana whenua do not have a role in being consulted on local and central government matters are not helpful, because if the Treaty is to work in the context of a liberal democracy, then engagement and consultation is essential. However, mana whenua should not expect to exercise direct political power to erode or undermine the wishes of directly elected representatives of all electors in New Zealand (especially since they too get to choose those representatives).

Those on the radical left who think this is "white supremacy" and "neo-colonialism" ought to put up their models for a form of government, and have them subjected to scrutiny as to whether or not they can protect the rights of all individuals from unbridled power and the corruption of power which is much more likely under systems of those appointing people with power.  After all, the UK retains the House of Lords, with appointed politicians, who scrutinise and delay legislation (although they cannot stop it), as a hangover from a very much class supremacist view of government.  New Zealand should not replicate this sort of political structure.

After all, liberal democracy is now the dominant form of government in most of Asia, Africa and the Americas, and frankly it is only autocracies like the People's Republic of China, the Islamic Republic of Iran and Turkmenistan that question the validity of governments that are constrained by secret ballots and the essential, concurrent freedom of speech and the press. 

Have mana whenua consulted, include them on informal committees and boards used to advise Councils and Government.  Government and Councils can also include them in co-governance of assets or systems if they wish - the whole debate on Three Waters co-governance is entirely legitimate (sure I don't agree with the proposal, but everything local government does is entirely at the behest of Parliament, which grants local government its power, it is still fundamentally accountable to electors).

The co-governance of Urewera National Park and the Waikato River are enshrined in Treaty settlements, and there is no conflict between any of this and a liberal democracy, because elected MPs agreed to it.  

In liberal democracy power IS shared, between representatives by geography and representatives by political ideology and philosophy, and when enough electors tire of one lot, they replace them with a new bunch. Does it achieve much? Often it doesn't, but it does achieve one thing - it means that all of them fear causing so much disenchantment that they lose government or worse of all, lose their seat in power.  Ngai Tahu and all Iwi ought to value that, and ought not to be immune from it.

UPDATE: So Tamati Coffey is inviting other iwi to consider "this path" to better representation.  He introduced the Rotorua rorting local elections District Council (Representation Arrangements) Bill, so he's showing his colours around corporatist government. Maybe it would be better if the former TV presenter simply abandoned representative democracy altogether if he doesn't believe in it?

Submit today on the Rotorua District Council (Representation Arrangements) Bill

David Farrar's Kiwiblog has an excellent submission on this absolute travesty of basic individual rights and liberal democracy.

This debate about this issue has been muted. Stuff reports it, with taxpayer funding from NZ On Air, without ANY discussion about the implications for liberal democracy.

What is proposes is a form of racial gerrymandering that means that Māori Ward Councillors on Rotorua District Council will represent fewer people, but with the same amount of power as General Ward Councillors. 

As Farrar says:

This bill would give the Māori ward three Councillors for an electoral population of 21,700 and the General ward three Councillors for an electoral population of 55,600. This means the vote of someone on the general roll will be worth only 39% of the vote of someone on the Māori roll in terms of Ward Councillors, and 58% in terms of the whole Council. 

It debases the votes of non-Māori ward voters, and for what? To seek to equalise representation not on the basis of counting heads, but by valuing the votes of Māori ward voters 2.5x more than non-Māori ward voters.

Let's apply this to Parliament?

Extend this to Parliament (assuming no change in the number of seats) and the result would be this:

General Electorates: 36. 1 MP for every 89958 voters

Māori Electorates: 36. 1 MP for every 7591 voters

In essence it multiplies Māori roll votes 11 fold compared to non-Māori. The exact impact on Parliament is difficult to forecast for multiple reasons, as no doubt there would be more candidates, but also the impact on emigration (let alone immigration) would change the demographic as well (some advancing this policy would like that). 

It could be assumed that the majority of Māori Electorates would vote Labour, and some would vote Te Pāti Māori, maybe one or two could go Green or even NZ First.  

How would that affect the list seats? It is entirely possible to leave them as is, with one person one vote and let proportionality come to play, but that is likely to create an overhang. Let's say based on the current Parliament, that one in seven of the Māori electorates go to Te Pāti Māori, which would mean it gets 5-6 seats. Even if it got double the party vote of 2020 (which would be 2.34%) it would only be entitled to around 3 seats in Parliament, so Parliament would grow by 2-3 more seats in total.  Advocates of such a change might say the overall impact would not be significant, because ultimately National would get most of its MPs from the list, so proportionality might be retained overall, but the effect would be dramatic.

Moreover, if you can argue for electorates that require 11 general roll voters to elect an MP, but 1 Māori roll voter, then you can argue that Māori party voters get the same magnification of impact.

and that would truly be the end of liberal democracy as we know it, and is internationally recognised on the basis of one person one vote.

This sort of gerrymandering is seen in corrupt democracies, which try to construct constituencies that have small numbers of politicians representing large numbers of people who politicians want to reduce the franchise for, with higher numbers for the preferred group.  During the dying days of apartheid, the South African Government argued for its democracy to enable white South Africans to have a veto of decision making over the black majority.  This was rightly decried as racist and unacceptable. Going from total white minority rule to white minority veto was not advancing the rights of all South Africans.

However, there is a movement in Māori politics that is antithetical to liberal democracy and individual rights. Te Pāti Māori MP Rawiri Waititi said it clearly when he thought Aotearoa had a great future "but not necessarily as a democracy". 

It isn't exactly rude to ask if the Green Party of Aotearoa or the New Zealand Labour Party share his view. 

Now I'm highly sceptical of liberal democracy as a tool to protect individual rights, and Waititi is dead right when he raises concern about majority rule. Unfettered democracy does enable mob rule and does enable injustice, but the contraints on this should be constitutional to ensure basic rights are not overriden. I have a lot of sympathy for calls for tino rangatiratanga for everyone.

However, nobody advancing this change is caring remotely for the rights of individuals to peacefully go about their lives, this is about advancing power, albeit at the local government level, to regulate and tax people's property and businesses.

You have only a few hours to express your opposition to this racist travesty of a Bill, that has NOT been advanced by the local MP Todd McClay but rather Labour list MP Tāmati Coffey.  Labour, the Greens and Te Pāti Māori are all advancing it.

It deserves to be voted down in flames, and it deserves your submission in ardent opposition to it.

Either go here:

https://www.parliament.nz/en/ECommitteeSubmission/53SCMA_SCF_BILL_121327/CreateSubmission 

or here:

https://www.protectyourvote.nz/

now.

Waitangi Day is the annual picking of a sore

Whilst Peter Cresswell makes much of my point for me, I want to add a couple of others.

It's easy to criticise those who embrace the notion of Maori ethno-nationalism (that being a nationalism based not on a shared history of a common political body, but based on an ancestral heritage), who engage in patronising monologues about "partnership" and "engagement" and "dialogue", when anyone who disagrees with them is simply branded as racist and ignored.

It's also easy to criticise those conservatives who are dismissive of anything Maori that makes them feel uncomfortable, who disapprove of the use of the Maori language, of Maori immersion schools (because they are Maori, not because they are state funded) or those who consent to using Maori customs on their own property or in their own business relationships, or indeed those who worship Maori supernatural beliefs.  For after all, if people want to embrace a culture and a language in their personal lives and openly express it, that is their choice.

However, what's largely ignored is that most people in New Zealand do not see Waitangi Day as a day to celebrate anything, except for a day off work.  So many see it as a day when they will be reminded by people who are themselves elites, on well above average salaries, frequently paid for by taxpayers, claiming there isn't "justice".  They will be reminded of the desire of these elites to take more of their money, through the state, to enrich a new generation of trough feeders.  They will have noticed that a generation of settlements are not seen as enough by the loud and angry, a group who have been influential in teaching a new generation of young Maori to share their view of entitlement, and belief in the legitimacy if not the wisdom of using violence to achieve their aims.  It isn't helped by a Race Relations Commissioner who is sympathetic to the view of those seeking to use the state as a way of extracting more money from everyone else.

Most people see it as rent seeking, by those who have not personally suffered any specific loss, and more importantly, being paid for by those who did not create the loss.

It is a sore around individual identity vs collective identity, and the role of the state in overriding the former with the latter.  It is one Don Brash clumsily attempted to raise in the 2005 election (Kiwi/Iwi posters were scratching the conservative "dismissive of Maori" viewpoint, rather than confronting the strongly held belief that there is a small Maori elite gaining rents from the state).   It is one that needs confronting, but wont be, as long as the Maori Party (which is patronised by such an elite) is necessary for a majority government.   Evading the debate or labelling all those wishing to engage in it as racists, is not going to make it go away.   Indeed, that very evasion is the source of vast clouds of irresponsibility that are allowed to wash over those who abuse their children, neglect their children and engage in a frenzy of mutual destruction of themselves and their whanau.

My second point is simpler, and easier to confront.

Titewhai Harawira is a thug.  She brutalised the mentally ill, and she is treated as deserving respect because of her age.  If she were a man of non-Maori descent, he would be treated by her sycophants and apologists for what he would be - a thug.

The mere fact this woman, who attacked Maori who were vulnerable, is granted a shred of respect, is disgraceful.  No one, Maori or otherwise, should give her a public platform and given the atrocious statistics for Maori on Maori crime, she should be ostracised, for she is part of the problem.  A woman who normalised and institutionalised violence, and has never offered contrition for it.  

John Key should ignore her, should refuse to engage with her, and she should be told why.  It's not her politics or that of her vile racist rent-seeking son (for there are many of that ilk), it's what she did.

Those who express concern over racism always say they want people judged for their deeds.  It's time to do just that.  Titewhai Harawira is a violent criminal offender, let's treat her as such.

Waitangi Day from a distance

Being a kiwi living in London, Waitangi Day is notable only because it is not hard to remember 6 February, although with the exception of a work colleague (Australian) mentioning it, it would be easy to forget it.

Despite the news, only reported in NZ, of the Waitangi weekend pub crawl (and only reported because one man complained about it), there is nothing to note it here.  It's refreshing for me, in part because of the cringe of the usual annual show is largely invisible. 

Waitangi Day has tended to be a time when mainstream politicians celebrate the purported partnership between the state and iwi (said to be Pakeha and Maori, a curiously romanticised albeit blatantly incorrect rendering of the situation).  It is a time presented as a chance for more "understanding" and raises the Treaty of Waitangi in a way that meets the desires of many who see it as quasi-constitutional.

Meanwhile, it is a chance for protests.  This time it is unsurprising that Hone Harawira's gang of Marxist ethno-nationalists have seen it as a chance to be rude and to make far from novel demands for the state to hand over property, power and money to those who his lot approve of.

Yet there is another view.  It is one that treats New Zealanders as individuals.  That doesn't mean must or should deny their ancestry, or claim whatever ethnic, national or other identity one wants.  It is not, despite the squeals of racists like Hone Harawira, about being "anti-Maori".  What it is, is about the state being colourblind.   It embraces the Treaty of Waitangi for what it is.  Not the creation of a distinction between the amorphous non-entity called "Maori" and the Crown, but the granting of individual rights and property rights to Maori residents, in exchange for ceding final authority to the state.  

It is a view that means that Maori language and culture can thrive, if those who want it to do so make their own efforts to promote it, whether as individuals or through iwi authorities, or other non-governmental bodies.  It is also the view that government doesn't promote culture either, but steps to one side not only from Maori, but everyone in areas where its role should not be as great as it currently is.  It means using property rights, contracts, rule of law, societies, voluntary groups, relationships and choices to build and develop the communities, institutions, businesses, sports, art, culture, inventions, discoveries and everything else that is the creation of humanity.

Yet, even setting aside my vision of a smaller state, there is a valid view that today, in the 21st century, the state should not treat individuals or corporate bodies differently depending on their ancestry or the ancestry of those who own or control it.

It rejects the infantile claim that New Zealand is bicultural, when it is populated by people of multiple cultures (the "bicultural myth" was generated by Maori nationalists wanting to portray Maori as being separate from the state which represented "Pakeha" culture.  Multiple cultures undermines the myth that Maori are also not represented by the state).  Cultural is not homogeneous.  It is not defined by ancestry, or ethnicity, or religion.  It is multifaceted.  In a world where people make connections across boundaries with modern communications technologies, people are themselves multicultural as they have relationships based on business, family, sports, arts and other interests.  The cold monaural world of "identity politics", which more than a few Maori educators inculcate among their students, is quite simply inaccurate.

The neo-Marxist "identity politics" view means that anyone who "identifies" as Maori is, by definition, disadvantaged by the state and society.  This is regardless of their personal wealth, education achievements, employment or own individual status.  Maori are, in the world of the likes of Harawira, automatically oppressed.  Daughters of lawyers and doctors, who are Maori, are deemed "disadvantaged" and deemed fit for affirmative action programmes, whereas sons of labourers or convicted violent criminals or cleaners, who are "Pakeha", are deemed to not be so deserving, as the state is presumed to be on "their side".

Identity politics have plagued much of the world for centuries.  It isn't just Europe or countries once colonised by Europeans that have been damned by it.  

Those that reject this view blithely and cheaply throw the word "racist" at it.  They think that for Maori to exist and be acknowledged, the state must treat Maori as a distinct entity, separate from the state and implicitly not represented by the state.  The Maori seats help entrench that by implying that a Maori voter is somehow, peculiarly, not represented as well as a non-Maori voter.  

Maori are separate from the state, as individuals themselves are.  However, it is time that the tired view trotted out by the likes of Hone Harawira, Margaret Mutu, Metirei Turei and other nationalists is confronted for the poison that it is.  It denies any need for the state to be colourblind, it demeans and diminishes the status and rights of all those who do not identify as Maori, and actually diminishes the individual rights of Maori by focusing on "rights" of corporate iwi entities, politicians and governmental entities.

There are three parties in Parliament that explicitly embrace the nationalist view of Maori relations with the state (Mana, Maori and Green), and three which appease it (Labour, National and United).  Could there be a party that rejects this without being so blundering in its language that it can be interpreted as being denigrating to Maori?