the dots join themselves

Isn't it amazing how unsurprised you can be.

Helen Clark going for the top UN job - as good as it gets I suppose, and that good isn't that good at all. I and many others haven't forgotten The Foreshore and Seabed legislation, the Terror Raids, the non endorsement of the UN Declaration on the Rights of Indigenous Peoples and the role that Helen Clark played in all of these things. She was the leader at the time and she blinked numerous times when it came to supporting tangata whenua. Somehow we here will be uplifted when she gets the top UN job - nah I don't think so. I don't begrudge Helen her top UN role, I'd just say it is a personal victory for her not a collective victory.

But she did get an endorsement from slippery key - some have said this is the payback for creating the impression that she supported the TPPA - who knows but when the Panama Papers show just how much the rich look after themselves - from all countries, and political persuasions, then well, the dots join themselves imo.

So I am surprised by how unsurprising I find these latest shenanigans.

never understand

After all the pleading and all the evidence the maori party today made their vote against maori interests. They have enshrined discrimination against maori into the law. They have said it is up to others to right the wrongs of the legislation - they have left it to our mokopuna to sort it out. The maori party have failed - they are failures. I feel quite angry to tell you the truth.

Angry enough to bring out the Reid boys. Be warned this song is like a good chutney - to hot to take and too sweet to resist.



Lyrics for 'Never Understand'- Jesus and Mary Chain

The sun comes up another day begins
And I don't even worry about the state I'm in
Head so heavy and I'm looking thin
But when the sun goes down I wanna start again

You never understandin'
You never understand me
Yeah

Don't turn around until you look at me
Why don't you take a second and tell me what you see
Things I see you only disagree
You never understand that's what I want to be

You never understandin'
You never understand me
Yeah

Not wishing to hide but you just can't see me
I tell you the truth but you don't believe me
Thinking of love but I can't hear what you're saying
Tomorrow I'm leaving

Cause I'm not understanding you

silent footsteps

A brilliant and beautiful report about the hikoi from Morgan at Maui St.

... It was incredibly moving both watching the hikoi and then joining it at Parliament. You could feel that the people walked with the wairua of their tupuna and this gave them strength.

Thanks Morgan and everyone who joined and supported the hikoi.

they know but still continue

The truth does come out, but it can take some effort. The greens have had to use the OIA to get the official truth about the Bill to replace the Foreshore and Seabed Act and the information recieved confirms what we have been saying - that the Bill is discriminatory against Māori. And not only that but the Government knows it and that means the maori party knows it. They will vote for a Bill that they know discriminates against Māori.

Scoop

(my emphasis) "In relation to the spatial definition of the shared marine space, the exclusion of private titles creates a double standard whereby pre-existing Maori rights (e.g. customary title) are within the shared marine space, while the rights of private title holders are left outside it. This approach continues the discriminatory effect of the 2004 Act."

The Ministry of Justice refused to release this information on the basis that it was legally privileged. It was only released after a complaint was made to the Ombudsmen. The original request for information was made in October 2010, the relevant excerpt of the cabinet paper was provided yesterday.

As Metiria says,

"The cabinet paper we have received under the OIA confirms that the Government knows this bill creates a double standard and discriminates against Maori but they have done nothing to change it," added Mrs Turei.

Why, why are they doing it? They know but still continue - why? This great article from Rawiri Taonui tells us the answer

The Maori Party is supporting a bill because it has become too wedded to the idea of obtaining utu over Labour for what it did in 2004, overly wedded to the relationship with National and the charismatic John Key, and simply wedded to power.

Rawiri also discusses the hikoi and the diference between this and the last one. This is Māori against Māori is his answer and I agree, this is a silent hikoi of shock.

Maori Party support for the bill has stunned Maori into silence rather than action upon an execration for mobilising against other Maori.

Some may believe that the maori party can survive this but not me.

now we are all crying

The hikoi against the replacement for the Foreshore and Seabed Act reaches Wellington tomorrow - big day coming up. The hikoi has made good time and the opposition have stalled the government, so the 3rd reading has not happened yet. The goal is to shame the maori party into changing and not voting for the Bill. That won't work but it will be the worst day in the world for the maori party MP's - they will be crying inside and out. But they have had their chances, they have had plenty of chances and they still refuse to listen to the people, instead they fawn over key, they back racist and unjust legislation - it will be a hard day for them, as they deserve I'm sad to say.

Hone says

“Now unfortunately that hikoi is going to get to town before the third reading so I think what this is all about is maintaining pressure on the Maori Party, positive pressure I would like to think, positive and polite pressure,” Mr Harawira says. He’s written to his former Maori Party colleagues asking them to withdraw their support for the bill.

But there is more happening tomorrow for the maori party

A contingent of Kaumatua, Kuia, Pakeke,& Rangatahi from the Kaipara & Tamaki Makaurau will be arriving at Parliament tomorrow between 1-2 with the express purpose of uplifting, retrieving, and returning a 6ft hook (Matau) and anchor (punga) which was gifted to celebrate the Maori Party’s 1st year in parliament, and express support for their mangai MP Hone Harawira. The group has asked that the taonga be placed below the steps of Parliament so that they may ensure the easy return of these taonga.

This is part of their statement

“It was perhaps a HUGE error on our behalf to assume, that the party would uphold such values as manaakitanga, in order to respond to Taikokerau’s concerns re this bill. And that the party would also continue also to fight to restore our TINO RANGATIRA status (as guaranteed in article two of Te Tiriti 1840) but now recognise that , that will not be the case, being that the party, expelled our MP for merely voicing the Tai Tokerau’s concerns, and that they (The Maori Party) have blatantly ignored over 90% of the submissions re: this bill, and endorsed a piece of legislation that may well be the catalyst for TOTALLY nullifying and or extinguishing our ancestral rights of GUARDIANSHIP, CHIEFTENSHIP, AND TOTAL AUTHORITY over our taonga (Wenua, Ngahere, Moana Katoa!)

If that doesn't make them cry, nothing will. I appreciate that the maori party leadership thinks they are doing the right thing, but they promised to listen to the people and they haven't - and worse they have ignored and disrespected the Māori submissions, so it is just not good enough, not by a long shot. I think the maori party leadership should retire and that the other two members should step down and that new people who are not tainted can come in. But that is up to them - i am fully supporting a new left Māori party led by Hone and backed by all people, from any background, who believe in tino rangatiratanga, fairness, equality, kaitiakitanga and support for the less advantaged. Join us we are going to make history.

Hat tip - Waatea News and tangatawhenua com

I can hardly see you

They are going to ram the Bill replacing the Foreshore and Seabed Act through parliment over the next few days and when they do the maori party will stand guilty of lowering rights for maori. One aspect of this legislation is to solidify that maori rights are lessor than other rights and they do this by creating Customary Title. The stipulations around Customary Title are only for maori not for any other owner of the foreshore and seabed. Those private owners have wider rights than maori and the maori party will create and vote for that position. It is all over for them.

A good press release from Green Party Co-leader, Metiria Turei.

The hikoi that is making its way down the country highlights that National’s foreshore Bill is the same as the deeply flawed and unjust 2004 Act, said the Green Party today. “I would to acknowledge and pay my respect to the hikoi takutaimoana that is making its way into Auckland today... Maori have been denied representation in the super city, and this new foreshore bill discriminates against Māori. This cannot go on, it is time for the voices of Maori to be heard. This bill should not go forward as it is.”

“This bill is unfair as it does nothing to change the status of the 12,500 existing private titles in the foreshore and seabed. This creates a double standard which treats Māori rights as inferior. “Nothing in this bill will stop owners of private title stopping access or selling the foreshore into foreign ownership,” said Mrs Turei.

This point is also explained well by Moana Jackson in his primer

... However that “Maori customary title” is not the title exercised by Iwi and Hapu prior to 1840. Neither is it the full and exclusive title guaranteed in the Treaty of Waitangi. Rather it is a limited bundle of rights subject ultimately to the presumed authority of the Crown to define their limit and extent. They are necessarily subordinate rights. For example they are less than those that might be held by a Pakeha person with land contiguous to the foreshore and seabed. Indeed the Crown has stated several times that while they are a “property interest” they are something less than a freehold title. That is not only discriminatory but a blatant redefinition of tino rangatiratanga and any accepted understanding of mana tuku iho.

The maori party will let us down in the worst way - they are becoming smaller as they move away from the people.

commitment to promises

I suppose Tariana didn't like Hone's speech very much - why would she when it smashed her weak effort. So she has come out with these comments on Hone missing the vote on the 2nd reading of the bill to replace the Foreshore and Seabed Act.

TVNZ

Maori Party co-leader Tariana Turia says Hone Harawira should be embarrassed about forgetting to vote on the foreshore bill.

She said Harawira's failure to vote puts into question his commitment. "You're either genuine and you're here to represent a particular viewpoint and as such you're here to cast a vote saying that you support that viewpoint."

Yes so true, we remember all of the votes you have made Tariana supporting the gnats and making life harder for the people - yes your voting record says it all so I wouldn't be too indignant about Hone's mistake. Especially when a new poll of maori shows that only 11% support your Bill. That is not a mandate no matter how much spin you put on it. Will you keep your promise to follow the wishes of maori? Will you keep that promise?

bill deserves contempt and dismissal

Although Hone is being justly lambasted for missing the vote on the 2nd reading of the Bill to replace the Foreshore and Seabed Act - he did make a speech and the speech was excellent.

Excerpts from Scoop

...Because Mr Speaker, when the Minister of Treaty Settlements says that “Maori will have to show that they held exclusive use and occupation of the area since 1840, without substantial interruption, and that the area in question was held in accordance with tikanga”, then what he is saying is that the National Party / Maori Party government intends to use exactly the same test in 2011 that 50,000 Maori marched against in 2004.

And when Mr Speaker, the Prime Minister says that “customary title is not going to be easier to achieve, but it’s not the government’s job to make the tests easier…” then what he is doing is spitting in the eye of the Maori Party for backing a deal that is likely to break their backs at the next election.

And when Mr Speaker, the Maori Party actually says in their video, and I quote: "if we were negotiating on what is fair, just and moral, then we would have a very different outcome," then Mr Speaker, please let it be known to all who care to notice, that I am glad that I am no longer a member of a caucus that has finally realised that the price of their coalition with National, is their support for a bill that is unfair, unjust and immoral.

And when Mr Speaker, the Maori Party says “that is the choice facing Maori people, and we will be guided by them” then I have to ask, which people is it that they are talking about?

And when Mr Speaker, the leadership of the Maori Party moves to force me out so that they can say that the Maori Party unanimously supports this racist piece of legislation, do they seriously think that the 50,000 who marched against the confiscation of their rights in 2004 are going to accept the ongoing confiscation of those rights in 2011?

Because this I know Mr Speaker …

1. All 4 Maori Party MPs who voted for this racist piece of legislation, did so without going back to ask their constituents what they thought about it;

2. All 4 Maori Party MPs who voted for this racist piece of legislation, have publicly expressed grave doubts about the bill itself;

3. All 4 Maori Party MPs who voted for this racist piece of legislation, have been told in no uncertain terms by their constituents that they do not support it; and

4. All 4 Maori Party MPs who voted for this racist piece of legislation, have been called upon by iwi in their electorates to withdraw their support for it

And Mr Speaker, the analysis of the submissions makes it quite clear why Maori do not support this bill –

1. it fails to properly recognise and provide for the mana of hapū and iwi

2. it continues the original confiscation via vesting in the ‘common space’

3. it sets the use and occupation tests too high

4. it limits the content of a customary marine title

5. it introduces a costly, adversarial and complicated court process;

6. it remains discriminatory to Māori, and

7. it continues to breach Te Tiriti o Waitangi, Tikanga Māori, common law principles, and international human rights standards, including the United Nation’s Declaration on the Rights of Indigenous Peoples

Mr Speaker, this bill is deserving of nothing but contempt and dismissal, for it preys on the desperation of the Maori Party to be seen to be doing something about the issue from which it was born, while highlighting the determination of the National Party to ensure that Maori will actually get nothing from the same piece of legislation.

Now that is a speech and an eye-watering contrast to the weak and apologetic speeches from Turia and Sharples. The māori party are dreaming - do they forget that Ngāi Tahu have said we will fight the racist bill for generations, as we fought Te Kerēme.

tide receding

The māori party have supported the 2nd reading of the replacement to the Foreshore and Seabed Act as expected. I recieved an email before the 2nd reading saying,

Kia ora marty, nga mihi nui kia koe. Maori Party co-leaders Tariana Turia and Dr Pita Sharples will be speaking on the second reading of the Marine and Coastal Areas (Takutai Moana) Bill today. Mrs Turia is scheduled to speak between 3.50pm and 4.15pm or immediately after question time while Dr Sharples is expected to speak an hour after Mrs Turia. marty, if you have the time to tune in, please do so.

I was not able to listen but I have read the speech now and it is similar to the video. One series of statements needs clarification

There is also a very interesting provision, tucked away in clause 105, the burden of proof clause which states explicitly that “it is presumed, in the absence of proof to the contrary, that a customary interest has not been extinguished”.

In other words, it will be up to the Crown to prove that any interest has been extinguished- rather than placing the onus for proof on the whanau, hapu and iwi.

Is this a panacea for all ills? I think not.

I think not too and I think this point needs to be analysed because it is not my understanding and I hope I am proven wrong.

These points in the speech were interesting too

We have vigorously fought the case against too high a threshold being applied to the tests for customary marine titles – a concern which whanau, hapu and iwi have consistently raised with us. And we appreciate also the concern of many Maori who seek a new Treaty based ‘longer conversation’ to safeguard the mana of hapu and iwi. This was a resounding theme of the 72 submissions received by the Maori Affairs select committee from marae, hapu, iwi, Maori land owners, organizations and collectives. It is a theme that we have certainly heard, and we will continue to give voice to, in every sphere of political activity that we are engaged in.

There has been some statements made in public about the ‘overwhelming opposition’ to the Bill demonstrated in the select committee process. I think that comment should be balanced by the fact that less than 2% of the 5700 submissions received were in fact from Maori – the great majority of submitters coming from within lobby groups the like of the Coastal Coalition

The opposition is mainly from Pākehā - who'd have thunk it.

I notice that Hone didn't vote - that was a mistake, he should have voted against it IMO. It appears he gave his proxy to the greens and it wasn't used ??? He forgot to vote - and whilst mistakes can happen, this was a big one.

The finalish word to Tariana

This is our bill – a Bill which the National Party was prepared to back.

I wonder why.

This is an excerpt from Hone's speech

"With all my heart and soul I beg the Maori Party to recognise the fact that they have been sold down the river by the National Party and to accept the reality that they occupy a cold and lonely place in the hearts and minds of their people," he said. "This is racist legislation and thousands will walk away from the Maori Party."

Very powerful - "a cold and lonely place in the hearts and minds of their people" - whū! That is very hard hitting.

no one's laughing

Tim at Tumeke has a great post about a hui he attended where Te Ururoa Flavell defended the repeal of the Foreshore and Seabed Act.

... After a rough session where we remained unconvinced this bill would do anything other than legitimise all the mining and drilling that is planned by the Crown and will lock in the confiscations that have happened all the way to 2011, Te Ururoa breezily attempted to use the same old bullshit line about being open to ideas. This was too much. They cut the process short and say they will do all the changes at committee stage/2nd reading, but we won't have any chance to object to it then. We can't properly tell him yes or no now to the bill because we don't know what the law will say - and neither does he. It is preposterous.

I said I had put forward ideas at select committee stage but had seen no evidence that anything I or anyone else that wasn't a big infrastructure company had said was taken on board. So how long have we got to get back to him with our ideas that he will be listening to (before the caucus votes for whatever the Nats put in anyway?) I asked. Realistically, I said, how long have we got to email you our ideas on this bill before it's too late. I had my pen poised over my pad and I kept looking at it as he struggled to find an answer. All I could hear was the ticking of the clock and him shuffling papers around for what seemed like an age. I didn't look up at him, just at the tip of the pen. The meeting waited in silence. Then he finally said: "a week." I took a long blink, looked up and repeated, slowly: a week. Maybe it was my unchecked expression of derision that did it, maybe it was the laughter from the others, maybe it was the earlier exchange over Hone and who would be the next male leader of the party now "you pulled the pin on him" that had something to do with it, but he seemed a little irked. "A week," he repeated. "One week" I repeated in disbelief. "You wanted a time: a week." - he reiterated tersely. There was more silence as the bad punchline to an even worse joke sunk in. No one had to say anything - it's a farce.

That week has started running which reinforces the 'farce' - it is a joke but no one's laughing.

we say NO

Privatisation - most don't want to sell state owned assets as evidenced by this TV3 Poll

In a 3 News Reid Research poll, we asked 1000 voters if New Zealand should partially sell off some state-owned assets. A total 60 percent of respondents said no, just 30 percent said yes.

But regardless of public opinion, Prime Minister John Key still wants to push ahead with the plan to sell up to 49 percent of three state-owned power companies as well as Solid Energy.

“It does show you that we’ve got a job to do, to make sure that New Zealanders understand the merits of this programme,” Mr Key said today.

Doesn't that sound a lot like what the maori party are saying about the repeal of the Foreshore and Seabed Act?

And what about these iwi who are salivating at the prospect of these privatisations - time you listened to the people instead of the gnat lines I think.

Hat tip The Standard

Maori Party panui - keeping our promise

I dislike being negative about the maori party - hell I voted for them and have supported them and specifically Pita and Tariana from nasty attacks - on The Standard for instance.

I have recieved a panui from them about their position on the alternative to the Foreshore and Seabed Act.

In the interests of fairness I'm going to put most of it up, and in the interests of brevity I'm pulling all the bullet points into paragraghs

Keeping our Promise - Marine and Coastal Areas (Takutai Moana) Bill

Tena koe marty, nga mihi nui ki a koe - We made a promise during the 2008 elections to repeal the 2004 Foreshore and Seabed Act and restore access to the courts. When we entered into a relationship with the National Party, our promise became a milestone in that agreement. That milestone has been a key priority of our work in Parliament over the last 18 months. The Bill, which delivers on our promise, is at a crucial stage and the public has been bombarded with negative messaging that has gained traction. marty, we hope you will be able to take the time to read through the points we make below. It is imperative that our constituents get information directly from the Maori Party that is not skewed with misinformation but instead focuses on what the Bill is trying to achieve and what outcomes there will be for tangata whenua and all New Zealanders.

Kia ora.

KEY FACTS

Abolishes Crown title and recognises customary interests (mana tuku iho) of all coastal iwi. Customary interests include a right to protect wahi tapu; and a right to be consulted on conservation and resource management. Allows iwi to claim customary title. Customary title is a property right that includes customary interests plus all minerals except gold, silver, uranium and petroleum; all newly found taonga tuturu, development rights, and a right to develop a plan which regional councils must recognise and provide for. Restores the right of access to court. If negotiations with Ministers do not reach agreement, tangata whenua can take their title claims to court. The Crown has to prove customary rights were extinguished, not iwi.

KEY STATEMENTS

To turn our back on this Bill, would be to break the promise we made to our people in 2005. If the Bill isn't passed, the law that deprived our people of their day in court, of their mana moana will remain in force. Is this what the people want? Is this why we marched? The Bill does not give us everything we wanted, but it is a step forward. If others have a better plan for repealing the FSSB Act, let's see it. The Bill reopens the door that was slammed shut in 2004, and allows tangata whenua to have a longer discussion on customary rights. The Bill does not settle the issues, but it keeps them alive. The Maori Party can advocate for customary rights and tikanga, in the Bill, but only tangata whenua can negotiate and settle matters of mana tuku iho. The decision to support or oppose the Bill is a matter of strategy: do we take a step forward, knowing we still have a long way to go? Or do we retire from the battlefield, and try to rejoin the fray some time in the future? That is the choice facing Maori people, and we will be guided by them.

CHANGES FROM SELECT COMMITTEE

The Attorney General will be recommending the House amends the Bill to require any recognition of customary title through negotiated agreement be given effect through legislation. This means that every such agreement will be subject to full Parliamentary and public scrutiny. This will dispel any concerns about future governments doing shoddy deals.

There are some frequently asked questions and answers like these ones

Can the Government decline customary title over lands that have been confiscated?

If an iwi is declined title, it will not be because their land was confiscated, so no the Government and Court can not decline title solely on the basis of confiscation. Iwi who have had their land confiscated are still eligible to claim customary title.

Why can't we just repeal the Seabed and Foreshore 2004 Act and create a Marine and Coastal Bill to replace the 2004 Act with conditions that are more acceptable to Maori?

Repealing the Act but not replacing it will cause uncertainty and the law cannot allow uncertainty. Therefore Parliament cannot repeal the Act without replacing it with legislation.

Can a moratorium be placed on mining licences that affect the foreshore and seabed?

The Maori Party asked for this but the Government declined it.

I'm not going to fisk this but let it stand as is.

It is interesting to read their framing of the debate - accept what we can and fight for more another day, if you've got any better ideas then lets hear them and so on. Unfortunately my opinion has not changed and I am opposed to this Bill and amongst my reasons for opposing it are the impossible (see good comment from BB in comments) hurdle of actually getting awarded customary title, and the legislation solidifies maori rights as inferior to private owner rights.

The maori party have said they will abide by the wishes of the people "we will be guided by them" (the people) - now the battle for those wishes is engaged in earnest.

Aroha mai for all the crossing out but I decided when I started the blog that I would stand by what I write and not delete.

painted on ears

How long will the leadeship of the maori party keep their heads in the sand regarding their bogus repeal of the Foreshore and Seabed Act? Well they have both come out in support of the process and the reporting back without amendment but they are up against it because the membership are not happy.

Te Paati Maori Ki Waitemata -

Yesterday the Maori Party members of Waitemata hosted a public hui where the Te Taitokerau MP, Hone Harawira, addressed the electorate. In response to the MP's address the hui stated: 1. We have total confidence in the elected Te Taitokerau MP, Hone Harawira. 2. Further, we request that our Te Taitokerau MP, Hone Harawira, be returned to caucus without further ado. 3. Finally, we are appalled at how the mana of our Rangatira has been treated in the isolation process, excluding him from important matters and issues that affect Te Iwi Maori katoa ie: Te Takutaimoana; Mining on our whenua; Privatisation; G.S.T increase; and other legislative bills before the house. The Te Taitokerau members in attendance will be attending the Maori Party Council hui to lodge their dissatisfaction at the lack of proper process taken without proper consultation and communication to the Te Taitokerau electorate.

Tamaki Makaurau say

Maori Party leaders are facing a vote of no confidence from an Auckland iwi over the Foreshore and Seabed replacement bill. Tamaki Makaurau elders likened the party's support for the new legislation, in the face of substantial objections, to trampling on the mana of their ancestors. Spokeswoman Ngaire Te Hira said the bill was not what people marched the length of New Zealand for back in 2004. Kaumatua and kuia of Tamaki Makaurau are preparing for a hikoi to oppose the bill.

Another hikoi - yes maybe that will get the message through but I am not optimistic about that because of these type of delusional statements from sharples and turia.

Pita Sharples says “We've been negotiating every way right up until last week and we actually won a little clause which lightened one of the tests and right up until last week also iwi were making submissions on it so it’s sort of been the Maori people's bill in a way.” Yes Pita that is the opposite of what the people are saying

Tariana Turia says about Hone (without irony) that, "He has no respect for our authority. He has no respect for this environment. He doesn’t have any respect for the coalition agreement that we all signed up to and that we all agreed to. And he has no respect for the party itself.” That seems similar to what people said about her when she left labour doesn't it?

The maori party have obstacles and they are Pita and Tariana. Tangata whenua are not happy and they will show it.