Thursday 5 May 2011

No Special Rights, So . . .

One Law for All

We remain militantly critical of contemporary Maori ideology. We believe it excuses personal and family accountability by resorting to the fallacy of historical determinism: Maori, their leadership tells them, are victims of predatory exploitation by European or imperial powers; the significant cause of social and cultural and spiritual degradation amongst Maori stems from the unjust extortions of the Pakeha. We believe this ideology enslaves Maori and subjugates them more subtly and more potently than any European migration.

We believe this ideology is a neo-Marxist variant. Maori represent the exploited poor, the weak, from which the hegemonic Pakeha have extracted their pound of flesh. It makes many within Maoridom sunburnt strawberries: brown on the outside, red on the inside. We have smiled at Hone Harawira's call to arms: he wants to stand up now for poor and disadvantaged Maori, the working stiffs. He opposes exploitative Pakeha, but also (now) monied tribal interests. Maori neo-Marxism is undressing and exposing itself. This is a false Gospel and will betray those seduced by it to their destruction.

But, at the same time, we believe there are historical injustices wrought by our government which should be addressed. They should be addressed because it is just to do so. At a personal or communal level, our lives should not be made to depend upon the redress of past wrongs and grievances, whether real or imagined. Evil happens in our sinful world. The Christian call is to accept such without bitterness, seek to begin again under the wonderful aegis of Christ Himself, and arise to serve Him where we are, with what we have.

But there is an obligation to restitute, where possible, those who have suffered injustices at the hands of the state. (Restitution is not always possible, but if it can be done, it ought to be. The state must at all times be under law, and held to account by the law; if not, then we are governed not by law, but despots.)

In this regard, we were pleased (whilst saddened, and provoked) by historian Paul Moon's piece in the NZ Herald on the injustice being perpetuated against the Tuhoe people. (For the benefit of our overseas readers, the Tuhoe is a Maori tribe located on the South Eastern part of the North Island of New Zealand.) Here is a synopsis of Moon's account:
At the start of May last year, all the indications were that the Crown and Tuhoe were putting the finishing touches on a deal that would see Te Urewera National Park returned to Tuhoe, with enough caveats to ensure that access and other rights for the public would remain practically unchanged.

Tuhoe would have what all the evidence shows rightfully belongs to it, and the rest of the country would not be adversely affected in any way in the process. The sort of settlement one would have expected the Crown and the public to welcome with open arms.

The deal was a long time coming. The Waitangi Tribunal has documented in excruciating detail how successive governments since the 19th century trampled over Tuhoe rights - appropriating their lands with disregard for the occupants and with contempt for any sense of natural justice.

In the roughly 18 months before last May, negotiations between various Government departments and the iwi looked promising. All that remained were the formalities confirming the transfer.

What happened? Considerations of justice got tossed out the window. Politics intruded.
Then, someone blinked. A rushed announcement was made by the Prime Minster that Tuhoe were not going to have the National Park returned to them after all. The iwi's clearly stunned negotiators were left wondering what had suddenly gone wrong with negotiations that had appeared to have been progressing so well. The excuse the Government used last May - and has stuck to since - was that the return of Te Urewera National Park might set a precedent for other Treaty settlements.

Putting aside the sui generis nature of Tuhoe's claim, the argument that doing something right in dealings with one iwi might mean having to do things right with other iwi, hardly seemed to be a good basis for the decision. The moral rectitude of returning Te Urewera National Park to Tuhoe ownership was completely airbrushed out of the political equation.

This hits the matter front and centre. Had the Crown acted unjustly  towards a Maori tribe? The evidence is compelling that it had. It would seem that duplicity and mendacity were the guiding principles of government actions towards Tuhoe over a long period of time. Was the government now saying that justice is a wax nose to be shaped at will by the whimsy of government as it genuflects to political considerations? Populism at its worst.

What has happened since, and where are things at now?
Yet, in spite of the enormous frustration of having the expected return of the land snatched away at the last minute, Tuhoe's response in the subsequent 12 months has been one of patience, restraint and dignity. Its negotiators have persisted with their calm, informed approach in dealings with the Crown, while all the time, the Crown's tactic has been one of delay.

No doubt the beguiling character of Te Urewera National Park has been a consideration for those who oppose returning the park to Tuhoe. Its long-lauded sublime characteristics have for more than a century left visitors to the area in awe of its staggering beauty.

To others, it is a drug-addled and gang-choked backwater - a dystopia in the middle of utopia. Either way, it is a part of the country where the links indigenous communities have with the land is strong, and where experiences since the 1860s have left an ingrained sense of grievance among many of the inhabitants.

We agree that the return of historical lands will not redeem Tuhoe. To the extent that tribal members believe that it would is a measure of their self-deception. But justice ought to be done, nonetheless.

It is becoming apparent that the forthcoming election will focus once again upon Maori and their place in this country. Some will be arguing forcefully (and we believe correctly) that there must be one law for all New Zealanders and that Maori are not in a special category. They do not have a special class of citizenship.

It would be a very salutary thing, we believe, if the advocates of "one law for all New Zealanders" would take up the case of Tuhoe, precisely because there must be one law for all in this country.

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